Tag: lawsuit

How To Avoid Holiday Party Pitfalls (and Liability)

According to recent poll by the Society of Human Managers (SHRM), fewer employers are foregoing holiday parties this year than in 2009. Although the economy continues to sputter, many employers likely see the traditional holiday party as a relatively inexpensive way of boosting morale and creating good will among their employees.  Some employers approach party planning … Continue Reading

Supreme Court Lets Stand Ruling Allowing EEOC to Issue Subpoenas After Right-To-Sue

Yesterday the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right-to-sue letter to the employee who filed the initial complaint.  Click here to read the Ninth Circuit decision in … Continue Reading

E-Verify Implementation on Track for September 8, 2009

Starting September 8, 2009, employers receiving federal contracts will be required to use the new E-Verify system to check their employees’ authorization to work in the United States.  This announcement comes after several delayed attempts by the Bush and Obama administrations to implement the E-Verify rule; however, their efforts were thwarted by a stay issued … Continue Reading

Managers Individually Liable for Unpaid Wages Despite Employer’s Bankruptcy

A recent case should strike fear into the hearts of all upper-level managers and human resources professionals:  in Boucher v. Shaw, the Ninth Circuit ruled that individual managers were liable for their subordinates’ unpaid wages, even though the employer company filed for bankruptcy.  In Boucher, a group of former casino employees sued the CEO, CFO and … Continue Reading

Feisty, Spry and Grandmotherly: Ageist Terms to Avoid?

What do terms like "feisty," "spry," "elderly" and "grandmotherly" have in common?  Yes, they are commonly used to refer to older people; but they can be used to express derogatory stereotypes about someone because of age.  An article in today’s New York Times, "Goodbye Spry Codgers, So Long Feisty Crones," reports that two groups, the International … Continue Reading

Time Out for E-Verify: Mandatory Use Rule Suspended Until February 20

Federal contractors take note:  the rule requring mandatory use of the E-Verify system has been suspended until at least February 20, 2009.   As previously reported in the Stoel Rives World of Employment, President Bush’s executive order would make using E-Verify mandatory starting January 15, 2009 for federal contractors with projects exceeding $100,000 and for sub-contractors with projects … Continue Reading

Business Groups Sue to Block E-Verify Rule

The Society for Human Resource Management, the U.S. Chamber of Commerce, and three other groups filed a lawsuit late last month challenging the legality of an executive order that requires federal contractors to use E-Verify, the federal government’s Web-based system that uses Social Security files to ensure that employees are legal immigrants or citizens eligible to … Continue Reading

Minnesota Wal-Mart Employees Get $54 Million Christmas Present

Wal-Mart Stores Inc. announced yesterday that it will pay $54.25 million to settle a class-action lawsuit over allegations that Wal-Mart made its employees work during break time and off the clock after regular working hours.  The class consists of approximately 100,000 current and former hourly employees who worked at Minnesota Wal-Marts and Sam’s Clubs between September 11, 1998 … Continue Reading

Salvation Army Settles “English Only” Lawsuit with EEOC

A Massachusetts federal court last week approved a consent decree settlement of an Equal Employment Opportunity Commission (EEOC) lawsuit against the Salvation Army over the firing of two Spanish-speaking employees who failed to adhere to the employer’s "English only" policy.  To read the consent decree in that case, click here.  In that suit, the EEOC had accused the … Continue Reading

New Study Suggests Defendants Should Try More Cases

According to a recent study, plaintiffs in civil lawsuits should be more willing to settle their cases, and perhaps defendants should stick to their guns and take more cases to trial.  The study (as reported in this New York Times article), concludes that when plaintiffs reject the defendant’s settlement offer and go to trial, they end up with a worse … Continue Reading

Former Official Sues NASCAR for Race, Sex Harassment

Today’s big news:  Former NASCAR technical inspector Mauricia Grant filed suit against the auto racing league for sexual and racial harassment, discrimination and retaliation, seeking $225 million dollars.  According to Grant’s complaint,  she was referred to as "Nappy Headed Mo" and "Queen Sheba" by co-workers, was often told she worked on "colored people time" and … Continue Reading
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