Practical HR Tips, News & Advice. Updated Daily.
A former senior account manager has filed a gender discrimination lawsuit against the National Basketball Association, Inc., alleging that the NBA “pays lip service to gender equality” and is “openly hostile to working mothers.” In the lawsuit, Brynn Cohn claims that the NBA instituted a change in work schedule while she was on maternity leave […]
Reassigning a salesperson to a new sales territory after her return from maternity leave does not violate the core principles of job restoration under the Family and Medical Leave Act, according to a recent U.S. district court decision. As long as the proposed change did not result in a base salary reduction or more burdensome […]
A district court’s refusal to grant an employer’s motion for summary judgment in a fired teacher’s interference and retaliation claim is a clarion call and reminder to employers that the Family and Medical Leave Act guarantees employees that their original job — or its equivalent — will be waiting for them when their FMLA leave has […]
Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]
The Equal Employment Opportunity Commission (EEOC) has released a draft of its Strategic Enforcement Plan (SEP) that spells out priorities such as stepped-up efforts against hiring discrimination and harassment, new protections for various vulnerable workers, preserving access to the legal system, and dealing with emerging issues like changes brought by the ADA Amendments Act. Recruitment […]
A supervisor’s apparent bias in the firing of her employee proved costly in a recent 8th U.S. Circuit Court of Appeals ruling which upheld a decision by the U.S. District Court for the Eastern District of Missouri, Eastern Division awarding $413,000 in damages and liquidated damages in an FMLA retaliation claim based on cat’s-paw liability. […]
by Lauren M. Cooper Employers must take all reasonable steps to prevent harassment from occurring. You must also promptly correct any sexually harassing behavior that has occurred. Effectively investigating harassment complaints and promptly intervening are critical to both of those goals. Prevention of the harassing behavior is the ultimate objective. Effective and immediate intervention also […]
Employee retaliation claims are skyrocketing, and in 2011 these claims were the number one complaint to the EEOC. As a result, you need to know how to prevent retaliation claims from happening. At SHRM’s legislative conference in Washington, D.C. earlier this month, California employment attorney Jody Katz Pritikin, presented tips on how to prevent and […]
The broad scope of the Fair Labor Standards Act provides seemingly endless opportunities for debate. The fact that the Supreme Court agreed to hear Christopher v. SmithKline Beecham Corp. later this year (a case out of the U.S. Court of Appeals for the 9th Circuit involving worker classification) on the heels of its ruling in […]
Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Fair Labor Standards Act is no exception. The Labor Department’s Wage and Hour Division takes the anti-retaliation provisions of the FLSA seriously enough that it released a fact sheet (WHD Fact Sheet #77A) in December […]