Tag: Employment law

Whistleblower

Embrace Your Inner Whistleblower! A Strategy for Avoiding Retaliation Claims

There’s a huge divide between the whistleblower’s view of a situation and the legal analyst’s view, says attorney Brad Cave of Holland & Hart LLP in Cheyenne, Wyoming—and editor of Wyoming Employment Law Letter. If employers can “put on the whistleblower’s hat,” he says, they may be able to significantly reduce the risk of a […]

reject

10 steps to take before responding to a charge of discrimination

by Susan Hartmus Hiser After the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from an employee, it begins gathering information about the allegations of discriminatory treatment. That process includes asking the employer to provide relevant documents. Additionally, the agency typically will ask the employer to submit a position statement setting out its response […]

Probationary clauses: Devil is in the details

by J. Alexandra MacCarthy In Canada, the legal effect of a probationary clause in an employment contract can be unclear depending upon the facts of the particular case. The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42. The plaintiff (PY) […]

Nondisclosure Agreement

NLRA: Court Affirms Confidentiality Agreement Is Unlawful

Although confidentiality agreements that prohibit employees from discussing their salaries, benefits, or internal disciplinary investigations with other employees may sound reasonable, such policies generally violate federal labor law. A recent decision by the D.C. Circuit Court of Appeals affirmed that a Phoenix hospital’s confidentiality agreement was unlawfully restrictive of employees’ Section 7 rights under the […]

Fox News & Bill O’Reilly—best practices for conducting internal workplace investigations

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of sexual harassment allegations against him. After the most recent allegations, Fox News hired large law firm Paul Weiss to conduct its internal investigation.    Workplace investigations are tough, and if your organization can’t afford (or simply does not want) […]

DOL

Senate Confirms Acosta as U.S. Secretary of Labor

The U.S. Senate on Thursday confirmed Alexander Acosta as Secretary of Labor, by a vote of 60-38.   Eight Democrats joined the Republican majority in voting for President Trump’s nominee, completing Trump’s Cabinet just shy of his 100th day in office.

No spin here: O’Reilly case shows ‘high performer’ not worth harassment factor

When Fox News paid some of the $13 million needed to settle sexual harassment claims against O’Reilly Factor host Bill O’Reilly, it seemingly failed to fully address the problem. The company didn’t thoroughly investigate or take appropriate remedial action until there was public pressure to do so, according to news reports. Employment law attorneys say […]

Sexual Harassment

Lesson Learned from Bill O’Reilly’s Ouster: You Can’t Sweep Harassment Under the Rug

When Fox News paid some of the $13 million needed to settle sexual harassment claims made against O’Reilly Factor host Bill O’Reilly, it seemingly failed to fully address the problem. The company didn’t thoroughly investigate or take appropriate remedial action until there was public pressure to do so, according to news reports. Employment law attorneys […]

Intern

Do I have to pay my summer help? Avoiding FLSA liability for internships

by Joseph U. Leonoro With summer almost upon us, many companies will be hiring college and high-school students to work as interns. Often, employers pay interns only a small stipend or don’t pay them at all. It may make good business sense not to pay interns because they usually aren’t bringing the same experience, skill, […]