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All Eyes on Arizona

Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, […]

Workers’ Compensation: Lawsuit Against Tosco Tries End Run Around Workers’ Comp Limits

A Tosco worker injured in a catastrophic 1999 explosion and fire at the company’s Martinez refinery and the family of another worker killed in the disaster have filed a lawsuit against Tosco. Employees who are injured on the job are generally limited to workers’ comp benefits. But this lawsuit attempts to sidestep this restriction by […]

Investment Fee Disclosures Leave Most Participants Unmoved

A “snapshot” survey conducted in October found the start of disclosure of fees from retirement plan service providers spurred little change in the behavior of either plan participants or sponsors. A total of 176 defined contribution plan sponsors responded to the Plan Sponsor Council of America’s survey, launched a few weeks after sponsors began disclosing […]

Super Lessons from the Super Bowl

As I sat and watched my Green Bay Packers hold on for a victory in Sunday night’s Super Bowl, I was reminded how athletic competition provides great lessons for life and business. Whether it’s an individual sport like golf or a team sport such as football, athletics provides countless opportunities to learn life’s lessons. It […]

New ADA Regs ‘Clarify’ the Law’s Muddy Waters

Topic: E-pinions By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Last year, EEOC logged 25,000 charge filings for ADA violations—and that’s all before the new regs the EEOC issued today; these new regs are expected to make it much easier for employees to claim protected status. Here are some excerpts from […]

News Flash: Worker Sues Employer For Failing To Set Up A “Green” 401(k) Plan

A senior programmer who was fired allegedly because he complained about his employer’s 401(k) investment options has filed a religious discrimination lawsuit. James Salsman, a former employee of Veritas Software in MountainView, claimed it would violate his Quaker beliefs if his money were invested in businesses that produce weapons. Veritas’ retirement plan limited employees to investing […]

Timing of Backaches Justifies Firing, Negates FLMA and ADA Claims

Some people complain about “rheumatism,” backaches and other physical ills when the weather shifts. For a Southwest Airlines employee, his backaches — and resulting requests for Family and Medical Act (FMLA) leave — seemed to follow the same shift as holidays and vacation time. Southwest determined that this was not the whim of nature but […]

Finally – Relief for ‘HR’s Number 1 Headache’ … The Family and Medical Leave Act (FMLA)

HR professionals have long wondered how to make the mandates of FMLA work in their businesses. A solid briefing can help. On October 17, we’ll deliver one. Yesterday’s Daily Advisor reported on the upsurge in family responsibilities discrimination (FRD) lawsuits. According to those tracking the actions, the number of suits filed for adverse job actions […]

National Origin Discrimination and English-Only Rules

By Troy D. Thompson In fiscal year (FY) 2009, the Equal Employment Opportunity Commission (EEOC) received 11,134 charges involving claims of national origin discrimination ― an approximate 57 percent increase since 1999. Although the EEOC has not yet disclosed its statistics for FY 2010, all indications are that these claims continue to rise. Given that […]