All Items: Employee Management

  • Fifth Circuit Grants New Protections to Independent Contractors

    Date:
    February 12, 2016

    The 5th Circuit Court of Appeals has ruled for the first time that Section 504 of the Rehabilitation Act authorizes employment discrimination lawsuits filed by independent contractors. The court's ruling in Flynn v. Distinctive Home Care, Inc. is significant in its finding that the Rehabilitation Act offers broader protection than Title I of the Americans with Disabilities Act (ADA).

  • Illinois Narrows 'Disqualifying Misconduct' for Unemployment Insurance Benefits Claims Purposes

    Date:
    February 11, 2016

    A recent amendment to Illinois law and an Illinois Supreme Court ruling have clarified the meaning of "misconduct" that disqualifies a former employee from collecting unemployment insurance (UI) benefits. While both the new law and the ruling provide needed guidance, employers in the state may find it harder to fight a benefit claim on this basis if they do not have specific policies in place.

  • Third Circuit Affirms Summary Judgment in SOX Whistleblower Case Against Tyco

    Date:
    February 9, 2016

    The 3rd Circuit Court of Appeals has affirmed the dismissal of a whistleblower retaliation claim against Tyco Electronics Corporation (Tyco) based on the Sarbanes-Oxley Act's anti-retaliation provisions.

  • EEOC Updating Its Game Plan for Investigating Retaliation Charges

    Date:
    February 5, 2016

    The Equal Employment Opportunity Commission (EEOC) has proposed updates to its manual for processing and investigating charges, making cause determinations and considering litigation relating to retaliation.

  • Wal-Mart Hit With $31-Million Verdict for Firing Whistleblowing Pharmacist

    Date:
    February 2, 2016

    A federal jury in New Hampshire has awarded more than $31 million in damages to a former Wal-Mart pharmacist who claims the nation's largest retailer fired her for raising safety concerns about how it filled prescriptions.

  • Obama Administration Takes Action on Equal Pay

    Date:
    February 1, 2016

    The Equal Employment Opportunity Commission (EEOC) has published a notice in the Federal Register regarding a proposed revision of the Employer Information Report (EEO-1), furthering the Obama Administration's plans to advance equal pay protections for all workers.

  • Biggest Class Action Settlements Totaled $2.5 Billion (With a 'B') Last Year, Report Finds

    Date:
    January 27, 2016

    A downward trend in the size of settlements reversed last year, as plaintiffs figure out ways to work around a Supreme Court ruling that made it more difficult for plaintiffs to prove commonality to bring a class action.

  • Restaurants, Other Low-Wage Industries Remain Target of DOL Enforcement Efforts

    Date:
    January 7, 2016

    In fiscal year 2015, the US Department of Labor's Wage and Hour Division collected about $74 million in back wages owed to about 102,000 employees in the agriculture, day care, restaurants, garment manufacturing, guard services, health care, hotels and motels, janitorial services and temporary help sectors.

  • Wellness Program LawfuI Under ADA's 'Safe Harbor,' Federal Court Rules

    Date:
    January 6, 2016

    The US District Court for the Western District of Wisconsin has ruled that wellness programs that are part of an insurance benefit plan may fall under the "safe harbor" exception to the Americans with Disabilities Act's (ADA) general prohibition that a covered employer require a medical examination, unless the examination is job-related and consistent with business necessity.

  • EEOC Systemic Recoveries Increase in 2015; Trend Expected to Continue in 2016

    Date:
    December 30, 2015

    According to its 2015 Performance and Accountability Report (PAR), the Equal Employment Opportunity Commission (EEOC) secured more than $525 million in private, state and local government and federal workplace discrimination cases. Systemic investigations accounted for a notable $33.5 million in remedies prior to filing litigation.

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News: Legal considerations for employers regarding managing employees through HR. Employee management tips and support for the human resources professional.