Workplace Fairness

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Articles on workplace-related issues from newspapers and Internet news sources around the country.

June 18, 2013

Discrimination against pregnant workers has been rising, report says

Source: Brigid Schulte, Washington Post

Thirty-five years after Congress passed a federal law to protect pregnant women from discrimination on the job, these workers are instead denied reasonable accommodations that other workers receive and often wind up losing income, benefits or their jobs or suffering pregnancy complications, according to a report released Tuesday.

AFL-CIO wants to be the voice of most workers, not just those in unions

Source: Olivera Perkins, Cleveland.com

The AFL-CIO, the nation's largest labor organization, is seeking to be the voice of all working and middle class people -- even if they don't belong to unions.

"I don't think this is a big leap to think that a union should have a broader definition," said Harriet Applegate, who heads the North Shore AFL-CIO Federation of Labor, whose letterhead includes: "We're the people who brought you the weekend."

June 17, 2013

Supporting Family Caregivers With Leave Policies in the Workplace

Source: Lynn Feinberg , AARP Blog

My sisters and I are long-distance caregivers for our 92-year old mom. We have already experienced this profound caregiving journey, having cared for our dad for nearly seven years before he died at age 94. We know how overwhelming and stressful it can be to juggle work and caregiving responsibilities.

States Move to Ban Credit Screening for Job Applicants

Source: Elizabeth Dwoskin, Business Week

Credit reports weren't designed to be job-screening tools. But about half of employers now use them when making hiring decisions, according to a 2012 study by the Society for Human Resource Management. The practice cuts across all sectors of the economy, from high-level management to office assistants, home health-care aides, and people who work the counter serving frozen yogurt.

Unpaid No More: Interns Win Major Court Battle

Source: Tovia Smith , NPR

A federal court in New York has ruled that a group of interns at Fox Searchlight Pictures should have been paid for their work on the movie Black Swan. The decision may have broad implications for students looking for their first job.

June 13, 2013

Court indicates Labor went after employee for whistleblowing activities

Source: Joe Davidson , Washington Post

Robert Whitmore might have been an ornery old cuss, but that was not reason enough for the Labor Department to leave him in a two-year limbo, followed by a mockery of an investigation that led to his termination.

Federal Court Allows EEOC Disability Case to Proceed, Denying United Parcel Service's Appeal

Source: Press Release, EEOC

A federal district court has denied United Parcel Service's (UPS) motion to appeal an earlier ruling in favor of the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The contested ruling allowed the Commission's disability discrimination case to proceed to the discovery phase. (EEOC, et al., v. United Parcel Service, Inc., No. 09-cv-05291 (N.D. Ill. June 11, 2013.)

Why Are So Many New Labor Groups Forming?

Source: Megan McArdle , The Daily Beast

501(c)(5) applications have spiked even higher than the groups the IRS was targeting.

June 12, 2013

Harry Reid: Employment Non-Discrimination Act Will Come Up 'Soon'

Source: Jennifer Bendery , Huffington Post

Senate Majority Leader Harry Reid (D-Nev.) said Monday that he expects to take up legislation "soon" that would ban workplace discrimination based on sexual orientation or gender identity.

Employment Checks Fuel Race Complaints

Source: Scott Thurm , Wall Street Journal

Federal regulators Tuesday accused two large employers of improperly using criminal-background checks in hiring, the latest salvo in a contentious debate over whether such screening amounts to discrimination against black applicants.

Two labor groups buck trend of union support of Obama on immigration

Source: Joe Davidson , Washington Post

Federal employee unions generally are supportive of President Obama -- except, of course, when he does things like freezing their basic pay rates for three years. On many policy issues, there's not a lot of space between Obama, Democrats and the labor organizations.

June 10, 2013

Opinion: Age discrimination in the workplace has become a prominent concern

Source: Paul Freiberger, NJ.com

Discrimination has been with us for a long time, based on one characteristic or another that allows one group to identify another as less worthy, less intelligent, less skilled and on and on. Whether it's based on race, religion, ethnicity, gender or one of a hundred other variables, we've always found ways to stereotype our fellow humans.

Progress At Work, But Mothers Still Pay a Price

Source: Stephanie Coontz, New York Times

There is no denying that we have made great progress toward gender equality. Tomorrow is the 50th anniversary of the Equal Pay Act, which was signed into law on June 10, 1963. At that time, according to the Institute for Women's Policy Research, women earned less than 60 percent of what men made. According to Philip Cohen, a University of Maryland sociologist, a female college graduate at that time, working full time year round, made less than the average male high school graduate.

Labor & Employment Roundup

Source: Jonathan Harkavy, Patrick Kavanagh, and others, Workplace Prof Blog

It's time for another labor and employment roundup:

June 7, 2013

Transgender-bias bill passes Senate

Source: Doug Denison, Delaware Online

Legislation to add transgender Delawareans to the list of groups protected under the state's anti-discrimination law passed the Senate on Thursday with a slim majority and now heads to the House.

Catholic School Teacher Fired for Artificial Insemination Wins Suit

Source: Josh Crank , Lawyers.com

An Ohio jury ordered the Roman Catholic Archdiocese of Cincinnati to pay $171,000 to an unmarried teacher who was fired by two Catholic schools after becoming pregnant via artificial insemination.

Affordable Care Act spurs hiring blitz

Source: Ricardo Lopez , LA Times

California is hiring hundreds of workers at three call centers. The state also needs an additional 20,000 enrollers statewide.

June 6, 2013

Most small businesses back laws to protect LGBT workers, survey says

Source: Adolfo Flores, LA Times

More than two-thirds of small businesses believe federal and state laws should prohibit employment discrimination against gay and transgender people, according to a national poll.

How Do We Build a Mothers' Movement Around Workplace Flexibility?

Source: Jocelyn Elise Crowley, Huffington Post

Each of these groups promotes the health and happiness of its members by highlighting the ways in which mothers who want to or need to work for pay can do so with the help of workplace flexibility options. I had the wonderful opportunity to speak with mothers in these groups who came from all walks of life and a variety of backgrounds.

June 5, 2013

The Female Labor Market Is Actually Stagnating

Source: Erika Christakis, Time

The announcement last week that women are now the primary breadwinners in 40% of American households unleashed the usual reflexive responses. Attempting what looked like self-parody, Fox News featured an all-male quartet of pundits sputtering about the decline of women's "natural" role. Some saw welcome progress for women, while others viewed the 40% figure as more evidence that the "End of Men" is night.

A Short-Term Solution to NLRB Impasse: A 4-Member Board

Source: Peter Hurtgen , The National Law Journal

The world of labor management relations is currently embroiled in a major upheaval, which has spread beyond the usual union/management battleground. In Noel Canning v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that President Obama's recess appointments to the National Labor Relations Board were unconstitutional, thus leaving the board with only one legitimate member and without a quorum.

June 3, 2013

More employees stand up for their workplace health

Source: Dianne Stafford , Kansas City Star

Across American offices, workers like Schwarz are dumping their sit-down desk chairs in favor of standing desks, treadmill desks and big exercise, or stability, balls. Researchers say the small but growing trend is a very good thing.

Fired for Being Gay? Protections Are Piecemeal

Source: Tara Siegel Bernard, New York Times

Jake, a 43-year-old worker at an auto parts warehouse in Ohio, often spends his lunch break in his car. By eating alone, he doesn't have to talk with co-workers about his weekend plans or worry about using the wrong pronoun that could reveal that his life partner of 12 years is another man. Since many of his colleagues drop gay slurs on a daily basis, it's a topic he would rather avoid.

The Triumph of the Working Mother

Source: Stephanie Coontz, New York Times

Fifty years ago, Betty Friedan made a startling prediction in her controversial best seller, "The Feminine Mystique." If American housewives would embark on lifelong careers, she claimed, they would be happier and healthier, their marriages would be more satisfying, and their children would thrive.

May 30, 2013

Shareholders of Exxon Mobil Reject Gay Discrimination Ban

Source: AP, New York Times

Shareholders of Exxon Mobil defeated a resolution on Wednesday to explicitly ban discrimination against gays. The Exxon board had argued that the company already banned discrimination of any type and did not need to add language regarding gays.

Mother's Day Is Over -- But Pregnancy Discrimination Isn't.

Source: Lenora Lapidus , Huffington Post

Women make up almost half the workforce today, and, if they become pregnant, most will work throughout their pregnancy. Given this reality, you probably think the stories below are works of a bygone era. Well, you'd be wrong.

U.S. regulators issue rules on workplace wellness programs

Source: Reuters , Sharon Begley

Employees will be eligible for significantly lower premiums on the health insurance they buy through their employers if they participate in "workplace wellness programs," even if they don't improve their health, U.S. regulators said on Wednesday.

May 29, 2013

Here Are the Least Sucky Cities for Women in the Workforce

Source: Meher Ahmad , Jezebel

The pay gap between male and female workers in the U.S., though it decreased briefly in 2011 with women making a whopping 82.2 percent of what men earned (thanks, dudes! Extra shopping ca$h, amirite?), widened again in 2012, most likely because The Recession but also because Old Dudes Don't Want Us Making Money.

7 Reasons Why the Labor Movement Has Stalled

Source: David Macaray , Huffington Post

A self-described "McGovern Democrat" whom I shall call "Fay" told me that, alas, she could no longer support organized labor because, in her own, stunning words, "unions have become too powerful." A UCLA honors grad and longtime political activist, Fay is probably the most "left-wing" person I've ever personally known.

Career Coach: Respecting others at the workplace

Source: Joyce E. A. Russell, Washington Post

Recently, the University of Maryland was honored to host the 14th Dalai Lama for a lecture. To a sold-out crowd of students, faculty, administrators and dignitaries, he offered some of his life lessons and insights. One of his themes was the importance of treating people as people. Sounds simple, yet often not done in the world.

May 28, 2013

Two activist groups accuse Wal-Mart of unfair labor practices

Source: Tiffany Hsu, LA Times

The day after Wal-Mart Stores Inc. named a former advisor to President George W. Bush to head its corporate and government affairs division, two activist groups filed complaints accusing the retail behemoth and its suppliers of poor labor practices.

In denial: Corporate America's blindness to gender discrimination

Source: Jonathan A. Segal, Forbes

How can a company expect to survive, let alone thrive, if half of its talent pool is excluded from key positions? Most companies can't even recognize they have a problem with gender discrimination.

May 23, 2013

Senate OKs longer window to sue for discrimination

Source: AP, Houston Chronicle

The Texas Senate has passed a measure that puts the state more in line with the federal law to protect against gender discrimination in wages.

The federal Lily Ledbetter Act requires employers to prove that differences in pay are related to qualifications, not to gender. It also allows more time for employees to sue employers for discrimination.

U.S. Department of Labor pushes for minimum wage increase

Source: Dianne Stafford , Kansas City Star

The acting U.S. secretary of labor, Seth Harris, believes enough Americans back an increase in the minimum wage strongly enough that Congress will raise it next year.

Why Do We Defend Discrimination?

Source: John Becker , Huffington Post

Think about it: if a person's private convictions grant them a free pass to ignore laws forbidding discrimination on the basis of sexual orientation, where does it stop? Shouldn't they be similarly free to ignore laws against discrimination on the basis of gender? Disability? What about religion or race?

May 22, 2013

EEOC Issues Revised Documents on Rights Of Employees With Specific Disabilities

Source: Press Release, EEOC

The Equal Employment Opportunity Commission has issued four revised documents on protections against disability discrimination, explaining how the Americans with Disabilities Act, as amended, applies to individuals with cancer, diabetes, epilepsy, and intellectual disabilities, EEOC announced May 15.

Yesterday's Supreme Court Chevron Decision and Its Impact on the NLRB

Source: Blog Editors, Workplace Prof Blog

As an administrative law geek, I read the Supreme Court's Chevron decision issued yesterday (City of Arlington v. FCC 569 U.S. __, slip op. No. 11-1545 (5/20/13)) with great interest. And then I started wondering if it had any impact on the NAM v. NLRB case concerning the NLRB's authority to require employers to exhibit posters about employees' collective bargaining rights.

May 21, 2013

Labor unions break ranks with White House on ObamaCare

Source: Kevin Borgadus, The Hill

Months after the president's reelection, a variety of unions are publicly balking at how the administration plans to implement the landmark law. They warn that unless there are changes, the results could be catastrophic.

When Good Things Happen To Bad People: Disturbing News About Workplace Bullies

Source: Gary Belsky , Time

As if life isn't unfair enough for the alarming number of people who are bullied at work--or otherwise adversely affected by such behavior--recent research suggests that a lot of workplace bullies achieve high levels of career success. In fact, their bullying and on-the-job achievements might just be related.That's according to a new study ("Political Skill and the Job Performance of Bullies") in the most recent issue of the Journal of Managerial Psychology, the first attempt to examine the correlation between bullying and job performance.

Larger Union That Enforces Immigration Opposes Bill

Source: Laura Preston, New York Times

A labor union representing 12,000 federal officers who issue immigration documents will join forces on Monday with the union representing deportation agents to publicly oppose a bill overhauling the immigration system that is making its way through the Senate, arguing that the legislation would weaken public safety.

May 20, 2013

Senate's top Republican says NLRB nominee package unacceptable

Source: Amanda Becker , Thompson Reuters

The top Republican in the U.S. Senate said on Thursday that an effort to push through a package of five nominees to the National Labor Relations Board will meet a dead end, unless the president replaces two Democrats on the list.

Wisconsin bill would eliminate workplace flu-shot requirement

Source: Kevin Lang, JS Online

Wisconsin employers, including hospitals, nursing homes and other health care agencies, could no longer require workers to get flu shots under a bill pending in the Legislature.

May 13, 2013

Small Companies in Colorado Can No Longer Discriminate

Source: Aaron Kase , Lawyers.com

Colorado Governor John Hickenlooper signed a bill into law last week that provides recourse against discrimination to workers at companies that employ fewer than 15 people.

EEOC Meeting Explores Wellness Programs' Evolution

Source: Press Release, Occupational Healthy and Therapy

The Equal Employment Opportunity Commission held a meeting May 8 to examine the use and potential misuse of employee wellness programs. Experts who participated said U.S. employers need guidance to avoid violating anti-discrimination laws, according to the board's news release about the meeting.

May 12, 2013

Working Families Flexibility Act Passes House Over Opposition Of Democrats, Labor

Source: Dave Jamieson , Huffington Post

As part of their efforts to rebrand the GOP as a more caring party, House Republicans passed a hotly debated bill Wednesday that would loosen federal overtime laws, allowing for "comp" time instead of pay for private-sector employees who work more than 40 hours in a week.

Class Action or Not, the Unpaid Intern Lawsuit at Hearst Will Go On

Source: Rebecca Greenfield , Atlantic Wire

A judge may have thrown out class-action status for the lawsuit against Hearst for using unpaid interns at its magazines, but the disgruntled former coffee-fetchers will continue the fight. "The case of the named plaintiffs and the people who opted into the case will go forward," said Junot Turner, the Outten and Golden lawyer handling the case.

May 10, 2013

Merck sued for $100 million in sexual bias case

Source: Reuters , NBC News

A senior sales representative for Merck & Co has sued the drugmaker for more than $100 million, alleging it discriminates against female employees in terms of pay and advancement, particularly pregnant employees and women with children.

May 9, 2013

Older Workers Say Age Bias Is Common

Source: Ann Carrns, New York Times

About two-thirds of older workers say they have seen or experienced age discrimination in the workplace, and most of them say it's common, a new survey from AARP finds.

Employer Wellness Programs Need Guidance to Avoid Discrimination

Source: Press Release, EEOC

Wellness programs are an increasingly common feature of employee benefits programs, and guidance is needed to avoid violations of federal equal employment opportunity laws, a panel of experts representing business, advocacy groups and providers told the Equal Employment Opportunity Commission (EEOC) at a meeting held today.

May 8, 2013

Comp-time bill reveals partisan divide in workplace

Source: Mary Orndorff Troyan, USA Today

The U.S. House could vote Wednesday on legislation to give hourly workers in the private sector the option to take paid time off instead of collecting overtime pay.

Male Bosses Need to Speak Up for Gender Balance

Source: Avivah Wittenberg-Cox, Harvard Business Review

Does anyone else find it strange that the debate heating up in the US around gender imbalances in the workplace is overwhelmingly a conversation among ... women? This constant frame of gender as a "women's issue" is one of the big obstacles to progress -- in both countries and companies.

Churn, baby, churn: The labor market won't be healthy until people feel like they can quit their jobs

Source: Neil Irwin , Washington Post

America needs more quitters.
Or the job market does, anyway. That's the lesson to draw from the latest Labor Department report, which shows the soft underbelly of the U.S. jobs picture. The unemployment rate may be falling and the number of jobs rising.

May 7, 2013

How Far Will Protection From Discrimination Slip?

Source: Steven Mencher , AARP

In University of Texas Southwestern Medical Center (UTSW) v. Nassar, Dr. Naiel Nassar lost his job at a health clinic where the supervising doctor openly made discriminatory remarks and questioned his work because she believed Middle Easterners are "lazy."

Pregnancy discrimination a real threat for some workers

Source: Jeremy Blackman , Concord Monitor

In March of last year, Katherine Tremblay, a Nottingham mother, was fired from her job of three-plus years as a field engineer at FairPoint Communications in Manchester. The layoff was part of a companywide downsizing in which performance rankings were used to help identify candidates for termination.

May 6, 2013

Four Additional Hurdles for Immigration Reform

Source: Alex Altman , Time

Back when the Senate's Gang of Eight was haggling over the details of its immigration-reform bill, TIME dug into four major hurdles the bill would have to clear. But now the dynamics have changed.

Age bias is 'elephant in the workplace'

Source: Christine Dugas , Poughkeepsie Journal

"Retirement job" seems like an oxymoron. And yet a growing number of Americans say that they plan to continue to work during their retirement years.

May 3, 2013

NLRB warns against employer 'no solicitation' signs

Source: Katie Loehrke , Atlanta Journal Constitution

The National Labor Relations Act (NLRA) allows employers to prohibit solicitation by employees during work time. However, generally speaking, employers may not prohibit employees from soliciting during non-work time, even if the employee is on company property. As a result, employers may not have a blanket rule barring any solicitation by employees.

Millions Of Americans Are Leaving The Workforce. Why?

Source: Jacob Goldstein & Jessica Jiang, NPR

Earlier this year, the percentage of Americans who are working or looking for work fell to its lowest level since 1979.

May 2, 2013

Gay rights and the religious exemption

Source: Editorial , LA Times

A blanket exemption for religious employers shouldn't be the price paid to enact the Employment Non-Discrimination Act, which seeks to protect gays and lesbians from job bias.

A May Day Look at American Workplace Safety

Source: Pat Garafalo , US News & World Report

Today marks May Day, the old spring festival now closely associated with the workers' rights movement. Around the world, laborers are taking to the street to demand better pay, benefits, working conditions or, in the case of Bangladesh, justice for the more than 400 workers who died in a recent building collapse.

EEOC to Explore Wellness Programs

Source: Press Release, EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, May 8, at 9:00 a.m. (Eastern Time), at agency headquarters, 131 M Street, N.E. In accordance with the Sunshine Act, the open session of the meeting will be open to public observation of the Commission's deliberations.

May 1, 2013

http://www.cleveland.com/open/index.ssf/2013/04/republican_workplace_freedom_l.html

Source: Brandon Blackwell, Cleveland.com

Two Statehouse Republicans are poised to propose legislation that would make Ohio a "right-to-work" state.

A Pathway to Citizenship Should Create a Pathway to Workplace Protections

Source: Victor Narro, Huffington Post

The current Senate immigration reform bill makes some great strides to protect workers. Yet, it falls dramatically short on enforcement. While the bill allocates up to $6.5 billion on border enforcement, it allocates just $1 billion to interior enforcement -- most of which will likely go to the controversial E-Verify program. In other words, funding for border security will be over six times the funding for worker protections.

Wisconsin Unions Challenge Governor - Again

Source: Michele Bowman , Lawyers.com

After a trial court ruled last year that Wisconsin's new law restricting public employees' ability to collectively bargain is unconstitutional, labor unions are now demanding that the state comply with the ruling while it's on appeal.

April 30, 2013

NLRB gains an incentive to settle, as employers lose theirs

Source: Amanda Becker , Thompson Reuters

The National Labor Relations Board has urged its regional directors and other officers to maintain a high settlement rate as a way for the agency to weather the government sequester.

Will Millennials Come Back to Labor?

Source: Carmen Berkley , Huffington Post

As we approach International Workers Day, also known as May Day, it's hard not to wonder about the future of the labor movement, and whether or not young people in the United States will wake up and see that joining labor unions could be a part of the solution to the nation's 22.9 percent youth unemployment rate.

Why the Wall Street Journal is wrong about labor-force participation

Source: Jim Tankersley, Washington Post

Ben Casselman has a fantastically wonky piece in today's Wall Street Journal on labor-force participation. Good news: It's quite comforting! "Americans are leaving the labor force in unprecedented numbers," Casselman writes. "But the trend has more to do with retiring baby boomers than frustrated job seekers abandoning their searches."

April 29, 2013

How Big Data Is Playing Recruiter for Specialized Workers

Source: Matt Ritchel , New York Times

When the e-mail came out of the blue last summer, offering a shot as a programmer at a San Francisco start-up, Jade Dominguez, 26, was living off credit card debt in a rental in South Pasadena, Calif., while he taught himself programming.

Median Pay in U.S. Is Stagnant, but Low-Paid Workers Lose

Source: Floyd Norris , New York Times

The median pay of American workers has stagnated in recent years, but that is not true for all workers. When adjusted for inflation, the wages of low-paid workers have declined. But the wages for better-paid workers have grown significantly more rapidly than inflation.

April 26, 2013

Oregon same-sex marriage ban unconstitutional, federal judge says in employee discrimination case

Source: The Oregonian , Bryan Denson

A federal appeals judge found this week in a bias complaint that federal and Oregon bans on same-sex marriages violate the U.S. Constitution.

Obama administration asks Supreme Court to review NLRB appointees

Source: Amanda Becker , Thompson Reuters

An appellate decision invalidating appointees to the National Labor Relations Board contradicts the modern understanding of presidential authority, the Obama administration argued on Thursday.

April 25, 2013

Senate delays confirmation vote for Labor secretary

Source: Political Notebook , Boston Globe

Senate Democrats have delayed a confirmation vote on Labor secretary-nominee Thomas Perez after Republicans threatened to use a separate hearing to criticize his handling of a whistle-blower case.

The End to Workplace Discrimination Against Gays

Source: Editors , Bloomberg

Many Americans would no doubt be surprised to learn that in much of the nation their fellow citizens can be fired from their jobs for being lesbian, gay, bisexual or transgender. In fact, 29 states have no explicit protections against employment discrimination on the basis of sexual orientation or identity -- and there is no federal law extending that protection, either.

Comp time: A workplace idea who's time has come

Source: Rep. Martha Roby , Politico

Should a working dad be forced to use up all of his vacation time in order to be involved in his child's school?
Should a military mom with her husband deployed have to dip into sick leave at work to make sure her kids have the parental support they need?

April 24, 2013

Senate must act on gay workplace rights

Source: Greg Sargent , Washington Post

In France, lawmakers have now voted to legalize gay marriage, after months of debate and street protests. Here in the United States, lawmakers may be poised to act in another arena where the battle over gay civil rights is being fought: The workplace.

How to control workplace cruelty

Source: Eleanor Bloxham, CNN Money

Ostracism, bullying, and hostility at work takes its toll on creativity. And it is pervasive in too many corporate workplaces.

April 23, 2013

EEOC Seeks Damages for Disabled Iowa Plant Workers

Source: Ryan J. Foley | AP , ABC

A now-defunct Texas company that put mentally disabled men to work at an Iowa turkey plant for decades is due in court to defend itself against allegations that it subjected the men to physical and verbal abuse.

NLRB recess: It's all in the timing

Source: Jane M. Von Bergen, Inquirer Staff Writer, Philly.com

Got an interesting email today from a reader who pointed out that the appellate court specifically ruled in the NLRB appointments case, Noel v. Canning, that Congress was not in recess when President Barack Obama appointed new members to the National Labor Relations Board on Jan. 4, 2012.

Mandated Sick Leave Debate: Is there a middle ground?

Source: Lorna Lunney , AU Labor Law Forum

The debate over mandatory sick leave continues to challenge state and city governments across the country. Most recently, Philadelphia fell one vote short for mandatory sick days leaving 180,000 workers without the benefit.

April 22, 2013

Are Gay Employees Protected Against Discrimination?

Source: Michael P. Maslanka, State Bar of Texas

Dallas lawyer Michael P. Maslanka shares his views on whether gay employees are protected against discrimination in the workplace.

Managing Stress in the Workplace

Source: Tom Gimbel, Huffington Post

April is Stress Awareness Month (yes, there is such a thing!), and although stress finds its way into our lives in a range of capacities, we undoubtedly find it most often in the workplace.

April 19, 2013

House Votes To Freeze NLRB

Source: Patrick Kavanagh, Workplace Prof Blog

Late last week, the House voted (219-209) for the Preventing Greater Uncertainty in Labor-Management Relations Act. The bill would require the NLRB members to cease their work, while allowing other functions, such as the regional offices, to continue. The impetus is the D.C. Circuit's Noel Canning decision.

Philly Security Guards Protest Wage Theft by Employer

Source: Aaron Kase , Lawyers.com

Five protestors were arrested last week in Philadelphia for blocking traffic in an effort to call attention to a crime that is a menace to hourly workers nationwide: wage theft.

One Slur Enough to Bring Racial Harassment Case, Court Rules

Source: Aaron Kase , Lawyers.com

A recent decision by the U.S. Court of Appeals for the D.C. Circuit states that a plaintiff may bring a harassment claim against an employer for a single offensive slur, if the insult is egregious enough.

April 18, 2013

Republicans Accuse Labor Nominee of Fighting for Civil Rights

Source: Dave Johnson, Huffington Post

Where does the Republican Party put its energy? On anything that furthers the interests of the wealthiest. Tax cuts and kicking government are right at the top of that list*. Also near the top comes blocking minimum wage increases, blocking workplace safety rules and keeping lots of people unemployed so they are desperate to take any nasty, dirty, low-paying job, etc.

Labor secretary nominee unscathed after hearing

Source: Paul West , LA Times

Thomas E. Perez, Obama's pick for the Cabinet post, has been criticized by conservatives, but the two-hour hearing before the Senate labor panel was more perfunctory than contentious.

How the End of the Traditional Workplace Is Changing Our Cities

Source: Emily Badger , The Atlantic

Technology has blurred the walls of the workplace in at least two dramatic ways. People who once worked inside the clear confines of a cubicle, inside an office, within an office tower in a commercial district, can now work from nearly anywhere. And because the spatial distinction has been disappearing between work and home (and everywhere in between), neat divisions in time are now eroding, too.

April 17, 2013

Your Job Isn't What The Employer Promised: Is That Illegal?

Source: Donna Ballman , AOL Jobs

I was hired for a specific job with a specific job title. Months later, my employer changed my title without asking me and made me work in a role that I neither wanted nor was qualified for.

Why Women Are Leaving the Workforce in Record Numbers

Source: Liz Peek , The Fiscal Times

One tiny problem may be holding women back: they are leaving the workforce in record numbers. The number of women age 20 and older not in the labor pool, according to the Bureau of Labor Statistics, has soared from 40 million in 2000 to nearly 49 million today; another 315,000 called it quits last month.

AFL-CIO's Non-Union Worker Group Headed Into Workplaces in Fifty States

Source: Josh Eidelson , AFL-CIO

The country's largest non-union workers' group will soon announce plans to establish chapters in every state, achieve financial self-sufficiency and extend its organizing--so far focused on politics and policy--directly into the workplace.

April 16, 2013

A Polygamist and His Paralegal: A Tale of Sexual Harassment

Source: Staci Zaretsky, Above The Law

The job market for entry-level lawyers isn't a very welcoming place, and while it's better to be underemployed than unemployed, you might have to take some blows to your self-esteem in the process. It's not a big deal, because you've realized that beggars can't be choosers.

Employees wouldn't have to 'like' bosses under Oregon House bill

Source: Christian Gatson , The Oregonian

The Oregon House passed a bill that would bar employers from seeking access to the social media accounts of job-seekers and employees Monday.

GOP issues critical report of labor secretary nominee Perez

Source: Sam Hananel, Washington Post

Republican lawmakers sharply criticized Thomas Perez, the nominee for labor secretary, in a report Sunday over what they said was a questionable deal he brokered while serving as head of the Justice Department's Civil Rights Division.

April 15, 2013

Workplaces take on new harshness

Source: Alana Semuels , The Columbian

The envelope factory where Lisa Weber works is hot and noisy. A fan she brought from home helps her keep cool as she maneuvers around whirring equipment to make her quota: 750 envelopes an hour, up from 500 a few years ago.

Fifth Circuit to Weigh in on Sexual Stereotyping Claims Under Title VII

Source: Carter Meader , AU Labor Law Forum

The Fifth Circuit has granted the EEOC's petition for rehearing en banc for Equal Employment Opportunity Commission v. Boh Brothers Construction Co., No. 11-30770. The announcement comes approximately nine months after the original Fifth Circuit panel overturned a verdict in favor of the Plaintiff, Kerry Woods.

House committee debates bill to pause NLRB

Source: Amanda Becker , Thompson Reuters

Lawmakers held a spirited discussion on the immediate future of the National Labor Relations Board on Wednesday, after a recent appeals court ruling that cast doubt on the board's authority to make decisions.

April 12, 2013

As employers push efficiency, the daily grind wears down workers

Source: Alana Semuels , LA Times

Many businesses no longer want long-term relationships with their employees, who must now work harder without getting financial and psychological rewards that were once routine.

Should paid sick leave be mandated for all employees?

Source: Jena McGregor , Washington Post

A man holds a sign at a rally in front of City Hall to show support for a paid sick leave bill, a day after New York City Council Speaker Christine Quinn announced that lawmakers and advocates reached a deal on the legislation March 29, 2013 in New York City.

April 11, 2013

The incredible shrinking labor force, in one chart

Source: Brad Plumer , Washington Post

The U.S. labor force is shrinking. Back in 2007, 66 percent of Americans had a job or were actively seeking work. Today, that number is at 63 percent and falling.

The incredible shrinking labor force, in one chart

Source: Brad Plumer , Washington Post

The U.S. labor force is shrinking. Back in 2007, 66 percent of Americans had a job or were actively seeking work. Today, that number is at 63 percent and falling.

When a promised promotion feels more like bosses are taking advantage

Source: Karla L. Miller, Washington Post

Two months ago, I was promised a promotion at work. I have yet to see a title change or salary increase.

April 10, 2013

Ending the Wage Gap

Source: Sudip Datta, Abhijit Guha, and Mai Iskandar-Datta, Harvard Business Review

If you're a female executive who has just been recruited for a high-powered job, you may be asking yourself, "What gender gap?"

Some Small Businesses Opt for the Health-Care Penalty

Source: Emily Maltby & Sarah Needleman , Wall Street Journal

Small-business owners across the U.S. are bracing for the health-care law that kicks in next year, fearing it will increase the cost of providing insurance to employees.

Is the tougher workplace slowing down the economic recovery?

Source: Alana Semuels , LA Times

The workplace is changing as many companies, looking to increase productivity, ask employees for more while giving them less, according to a Los Angeles Times series. That's difficult for individuals at work - but it might also have a profound impact on the economy in the long-term.

April 9, 2013

'Is work killing you?' Here are strategies for handling workplace stress

Source: Sharon Jayson , Clarion Ledger

Canadian physician and stress management specialist David Posen asks a question on the minds of many in his new book Is Work Killing You? A Doctor's Prescription for Treating Workplace Stress. He talks with USA TODAY'S Sharon Jayson about how the recent economic slump and culture of downsizing has created more employee stress amid fear of layoffs, increased workload and the 24/7 work environment.

What privacy rights do I have in the workplace?

Source: LA Times

Employers are frequently using monitoring software to make their employees more productive at work, according to an article in the Los Angeles Times, part of a series about the "Tougher Workplace."

Right to Work Law Challenged in Michigan

Source: Michele Bowman , Lawyers.com

The ACLU is trying to dismantle a "right to work" law passed in Michigan in December, saying people were locked out of the capitol while the measure was debated.

April 8, 2013

The shrinking workforce

Source: Chicago Tribune

There were plenty of depressing numbers from the labor market Friday. Most striking to us wasn't the unemployment rate of 7.6 percent-- down a tick. It wasn't the 88,000 jobs created in March -- too few to sustain a recovery.

The numbers behind the decline in workplace benefits

Source: Alana Semuels , LA Times

American employers are asking more from workers as they try to cut costs and become more productive to compete in a globalized world, as described in a Los Angeles Times Sunday story. But they're also giving them much less.

Why Marriage Equality Matters to the Labor Market

Source: Jay Shannon , AU Labor & Employment Law Forum

The Supreme Court's recent foray into the rights of gays and lesbians under the U.S. Constitution has catapulted the issue to the forefront of legal discussion. Noticeably absent in many publicized conversations is the impact of existing law on our current labor market in the United States. The Court's rulings in both cases, Hollingsworth v. Perry and U.S. v. Windsor, will have a significant impact on the U.S. Labor market.

April 5, 2013

Judge awards $1.18 million in discrimination lawsuit against Fulton County

Source: Shae Rozzi , WSBTV

Doug Carl says he'd rather have the last six years of his life back than receive a large sum of money as a result of his discrimination lawsuit against Fulton County.

Blowing smoke on workplace health

Source: Editorial , LA Times

The best way to hire productive employees is to look for people with qualifications, talent, honesty and commitment. Now, however, a small but growing number of employers are looking for something else as well: job applicants who don't smoke.

The Path for Powerful Women in Today's Workplace

Source: Dr. Gail Gross , Huffington Post

With the growing discussion of women in today's workplace -- propelled by recent headlines made by powerful female leaders such as Sheryl Sandberg, COO of Facebook, and Marissa Mayer, CEO of Yahoo -- I believe it is important to recognize the path paved before us to truly grasp the full context of our place in history - and our role moving forward.

April 4, 2013

Bill to bar job discrimination on sexual orientation faces quiet opposition

Source: Kolten Parker , Houston Chronicle

State Sen. Leticia Van de Putte, backed by members of the LGBT community, compared workforce discrimination based on sexual orientation to the Civil Rights Movement and women's suffrage while presenting her bill to other senators Wednesday.

Fast-Food Workers Plan Second Strike for More Pay

Source: Steven Greenhouse, New York Times

Tabitha Verges, a minimum-wage worker at a Burger King in Harlem, was caught unawares when 200 workers at other fast-food restaurants in New York City walked out last November to demand higher wages.

Overtime Laws Could Be Loosened Under GOP Comp-Time Proposal

Source: Dave Jamieson , Huffington Post

House Republicans are planning to introduce legislation that could loosen the nation's 75-year-old law governing overtime in the workplace, allowing employers and workers to choose taking compensatory time off rather than the traditional time-and-a-half pay.

April 3, 2013

Helpful Workplace Hints From the World's Most Helpful Guy

Source: Susan Dominus, New York Times

How do you respond to colleagues who complain about your helpfulness or criticize you for being helpful?

Retailers Track Employee Thefts in Vast Databases

Source: Stephanie Clifford and Jessica Silver-Greenberg, New York Times

Facing a wave of employee theft, retailers across the country have helped amass vast databases of workers accused of stealing and are using that information to keep employees from working again in the industry.

Can immigration reform save the American workforce?

Source: Robert Reich , Salon

Legalizing undocumented workers would prevent employers from undercutting the country's largest unions

Shiu Dusts off 1980 Goal for Women in Trades

Source: Anna Halkidis , Women\'s E News

Thirty-plus years have passed. Now the director of federal contract compliance for the Department of Labor is focused on getting U.S. women a 7-percent piece of all skilled trade jobs performed, a goal first set in 1980.

April 2, 2013

Workplace Wellness Takes the Lead for Stress Awareness Month

Source: Judy Martin, Forbes

National Stress Awareness month launches on Capitol Hill this week, as healthcare, business and agency chiefs recognize National Workplace Wellness Week with a number of panel discussions.

Woman's bias lawsuit dusts off Vermont's equal-pay law

Source: Matt Ryan, USA Today

A Vermont woman's claim that she was shortchanged by her former employer has spurred a court to interpret, for the first time, an anti-discrimination law that's been on the books here for more than a decade.

After Boom-Boom Room, Fresh Tactics to Fight Bias

Source: Susan Antilla, New York Times

Over the course of several conversations, women on Wall Street who were subjected to groping, pay disparity and vulgar office jokes eventually opened up to the firm's lawyers.

April 1, 2013

Two new cases seek to clarify pregnancy discrimination laws

Source: Anna Louie Sussman, Thompson Reuters

Two recent complaints filed with the U.S. Equal Employment Opportunity Commission seek to clarify the rights of pregnant women under a 2008 amendment to the Americans with Disabilities Act.

A Simple, Legal Way to Help Stop Employment Discrimination

Source: Philip Cohen, The Atlantic

Women and racial minorities are no longer making progress toward equal representation in the workplace. Here's a way to maybe fix that.

March 21, 2013

America's Private Sector Labor Unions Have Always Been in Decline

Source: Matthew Yglesias, Slate

Looks like it's time for another round of Internet Thumbsuckers About Labor Unions. Specifically, Daron Acemoglu and James Robinson think economists should pay more attention to the political economy impacts of labor unions and not just to their localized impact on wages and growth

Aiming for 50 percent women in workplace: 'A tough goal'

Source: Amy Langfield, Today

Many companies pay lip service to workplace diversity, but few go as far as Coca Cola, which aims to reach gender parity across all levels of its business by 2020.

Equal Employment Opportunity Commission faces furloughs if sequester continues

Source: Josh Hicks, Washington Post

The agency that enforces workplace-discrimination laws will have to furlough its employees for more than eight days if the spending cuts known as the sequester continue through the rest of the fiscal year, according to the nation's largest federal employee union

March 20, 2013

Strapped for retirement, more hope to work longer

Source: Michael A. Fletcher, Washington Post

After a long era of planning on earlier exits from the workforce, more Americans are planning to work longer to make up for their failure to save enough for retirement

The Right to Concerted Legal Redress

Source: CAS, Workplace Prof Blog

Many thanks to my colleague Rick for his post on the abstract for Horton Hatches the Egg: Concerted Action Includes Concerted Dispute Resolution, which Tim Glynn and I recently uploaded on SSRN. We don't disagree with him that the smart money might well bet on the FAA in this collision, but we're pretty sure this will be a heavier lift for a textualist Court than at least some of the prior decisions.

NYC Employers Can't Refuse to Hire the Unemployed

Source: Michele Bowman , Lawyers.com

The New York City Council on Mar. 13 passed a law forbidding employers from discriminating against job applicants who are unemployed. It is the first law in the country to provide a private cause of action for people who are refused employment because they lack a job.

March 19, 2013

Modern Etiquette: Lost your job? Retiring? is it congratulations?

Source: Mary Mitchell , Reuters

I doubt if Shakespeare was thinking about our 21st Century workplace when he penned that "parting is such sweet sorrow" yet the oxymoron surely is not lost on anyone who recently has lost a job or retired from one.

Opinion: Does Affirmative Action Do What It Should?

Source: Dan Slater , New York Times

WHAT'S more important to how your life turns out: the prestige of the school you attend or how much you learn while you're there? Does the answer to this question change if you are the recipient of affirmative action?

Republicans signal a fight over Thomas E. Perez, Obama's pick for labor secretary

Source: David Nakamura, Washington Post

Republicans slammed President Obama's selection of Thomas E. Perez as the next labor secretary Monday, painting the assistant U.S. attorney general as a polarizing and radical figure and suggesting that they will seek to hold up his nomination.

March 18, 2013

Employers slowly enrich programs for older workers

Source: Philip Moeller , US News & World Report

The later-life needs of older Americans are often expressed as quality-of-life goals: health and wellness, rich family and personal ties, and meaningful pursuits and travel, among others. To employers, however, older workers increasingly represent serious bottom-line expense and profitability issues.

Obama to Nominate Justice Aide for Labor Post

Source: Peter Baker, New York Times

President Obama plans to announce Monday that he will nominate Thomas E. Perez, who heads the Civil Rights Division at the Justice Department, to be the next secretary of labor, a choice that promises to provoke a debate with Republicans about voting rights and discrimination.

Advertise on NYTimes.com Gender Bias Seen in Visas for Skilled Workers

Source: Ashley Parker , New York Times

The Senate Judiciary Committee is expected to hear testimony Monday afternoon arguing that the H-1B visa program, which covers highly skilled temporary foreign workers, often in high-tech fields, discriminates against women.

March 14, 2013

Jobless-Discrimination Law In New York City Is Adopted

Source: Jennifer Peltz, Huffington Post

New York City will soon have the nation's most far-reaching laws barring employers from shunning out-of-work job applicants, after lawmakers passed the provisions Wednesday over a mayoral veto.

Former National Guard employee gets $231K payout for sexual harassment

Source: Sean Reilly , Federal Times

The National Guard must pay a former employee more than $231,000 after failing to adequately investigate her complaint of repeated sexual harassment, an administrative judge has ruled.

Ageism And The Younger Boss

Source: Kristen Houghton, Huffington Post

In the past, employees had been able to disagree with each other and their bosses, feeling free to state their own positions. Issues were discussed and agreements on procedures were made. Now no one dared to disagree. Older employees were beginning to feel like "dinosaurs."

March 13, 2013

The impact of a $9 minimum wage

Source: Tami Luhby, CNN

In his State of the Union address, Obama pressed to raise the hourly rate in stages to $9 an hour in 2015, up from the current $7.25, and index it to inflation. The change, should it become law, would boost the wages of 15 million Americans, according to the White House.

Recess Appointments Ruling Could Invalidate 1,400 Workers' Rights Decisions

Source: Nicole Flatow, Think Progress

Less than two months after the powerful U.S. Court of Appeals for the D.C. Circuit invalidated President Obama's January 2012 recess appointments to the National Labor Relations Board, 87 companies and several unions have cited the decision in pending actions before the NLRB, challenging its authority to rule in their pending cases.

Can You Be Fired For Calling In Sick -- Even With Doctor's Note?

Source: Donna Ballman , AOL

People ask me this all the time. Can you really be fired for being out sick even though you have a doctor's note? One state, Connecticut, and four cities -- Seattle, Portland, San Francisco and Washington, D.C. -- have paid sick leave laws.

March 12, 2013

Is Your 'Natural' Hairstyle Preventing You from Getting a Job?

Source: Stacey Gordon , Forbes

Speaking with an African-American candidate a few days ago, she made a comment in passing that made me stop and think. We were discussing the interviews she had been on and she said, "I'm sure my natural hairstyle prevented me from getting a couple of those jobs."

NLRB will petition Supreme Court over Obama's recess appointments

Source: Josh Hicks, Washington Post

The National Labor Relations Board on Tuesday announced it would petition the Supreme Court to review a lower-court ruling that invalidated three appointments President Obama made to the board last year.

March 11, 2013

Federal Court Grants Injunction Against A.C. Widenhouse in EEOC Race Harassment Cast

Source: Press Release, EEOC

Following on the heels of a legal victory for the U.S. Equal Employment Opportunity Commission (EEOC), a North Carolina federal court has awarded more than $243,000 and injunctive relief against A.C. Widenhouse, Inc., a Concord, N.C.-based trucking company, in a race harassment and retaliation case, the agency announced today.

Obama to name civil rights enforcer Thomas Perez as Labor secretary

Source: Lisa Mascaro and Don Lee, Los Angeles Times

The Harvard-educated lawyer is a first-generation Dominican American with a career in public service. His nomination could face a GOP backlash over his Justice Department activities.

NLRB Grounds Union Challenge to Boeing's Code of Conduct

Source: Joel Barras , Forbes

In another example of unions trying to push the boundaries of recent NLRB restrictions on employment policies, the Society of Professional Engineering Employees in Aerospace, Local 2001 ("Union") recently challenged Boeing's decade-old Code of Conduct.

March 8, 2013

New York requires businesses to give workers annual wage notification, but doesn't check for compliance

Source: Teri Weaver, Syracuse.com

For the second year, hundreds of thousands of workers across New York have signed a notice acknowledging their wages - a paperwork requirement that state labor officials don't even double-check.

We've Moved Backward in Closing the Gender Wage Gap

Source: Bryce Covert, Forbes

he gender wage gap is a hot topic. So hot that President Obama's first act when he took office was signing the Lilly Ledbetter Act, which give the victims of pay discrimination more time to file charges against their employers.

March 7, 2013

Telecommuting: The Brain at Work and at Home

Source: David Rock , Huffington Post

In the last decade, we've seen tremendous changes in our workforce. With all of the recent advancement in technologies, nearly three-quarters of employers give their employees the tools they need to work remotely, giving employees more freedom to pick the hours they work.

Will we ever 'like' the female executive?

Source: Dominic Basulto, Washington Post

It seems like anytime a female leader makes a tough business decision or climbs the corporate ladder too soon, too fast it immediately draws a negative response

With Positions to Fill, Employers Wait for Perfection

Source: Catherine Rampell , New York Times

American employers have a variety of job vacancies, piles of cash and countless well-qualified candidates. But despite a slowly improving economy, many companies remain reluctant to actually hire, stringing job applicants along for weeks or months before they make a decision.

March 6, 2013

Employer credit checks keep jobless out of workforce

Source: Blake Ellis, CNN

Employer credit checks are preventing the nation's hardest hit job seekers from entering the workforce, a new study shows.

Disabled Workers Often Face Abuse: Study

Source: Health Day , US News & World Report

Disabled people are twice as likely to be attacked at work as other employees, and they also are more likely to be insulted, ridiculed and intimidated on the job, a new study finds.

What You Should Know About the EEOC and Arrest and Conviction Records

Source: News Release , EEOC

On April 25, 2012, the Commission, in a 4-1 bi-partisan vote, issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e

March 5, 2013

House, Department of Labor Disagree Over Applicability of WARN Act to Sequestration-Related Layoffs

Source: Christy Wu, Labor & Employment Law Forum

Recently, the Office of Management and Budget issued guidance to agencies to reduce costs in contract spending, signaling the reality that federal contractors must tighten their belts under sequestration. Yet contracting employers have been guided by federal advice which has not always been clear or consistent.

Recovery in U.S. Is Lifting Profits, but Not Adding Jobs

Source: Nelson D. Schwartz , New York Times

With the Dow Jones industrial average flirting with a record high, the split between American workers and the companies that employ them is widening and could worsen in the next few months as federal budget cuts take hold.

OFCCP Scraps Pay Bias Guidance In Favor of Expanded Investigations

Source: Human Resources Report , Bloomberg

The Labor Department's Office of Federal Contract Compliance Programs is rescinding two Bush-era pay discrimination guidance documents and replacing them with broader and more flexible investigation procedures, the department announced Feb. 26.

March 4, 2013

EEOC issues guidance on domestic violence discrimination

Source: Jim Evans, Zanesville Times

Just about every employer knows that it's illegal to discriminate in employment on the basis of a person's race, ethnicity, religion, gender, national origin, age, military service and disability.

High-Risk Pregnancy Entitles Employees to Extended Leave

Source: Michele Bowman , Lawyers.com

A recent case in California has raised the issue of how two state laws designed to protect pregnant workers interact. A woman who used up her pregnancy leave and wanted more time under the general disability law will have her day in court, according to Sanchez v. Swissport.

A First Step for Maryland's Gender Identity Anti-Discrimination Act

Source: Dana Beyer , Huffington Post

This week the effort to make Maryland the 17th state to provide comprehensive gender identity protections in employment, housing and public accommodations made its first public legislative appearance in Annapolis.

March 1, 2013

Missouri House endorses workplace discrimination bill [Article no longer available]

Source: Staff , St. Louis Morning Call

The Missouri House on Wednesday gave first-round approval to a bill requiring workers who sue to prove discrimination was a "motivating factor" in actions such as wrongful termination or denial of promotions.

'Twas the Night Before Sequestration: The End or the Interminable Beginning of EEOC Investigations?

Source: Miram E, Forbes

As every sector of federal government braces for the impact of an across-the-board haircut of funding with the sequestration cuts scheduled to go into effect on March 1, the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for investigating complaints made by employees under most anti-discrimination laws, faces up to a $30 million cut from its $360 million annual budget.

Growing push to halt workplace bullying

Source: Sam Hananel, Huffington Post

Margaret Fiester is no shrinking violet, but she says working for her former boss was a nightmare. "One day I didn't do something right and she actually laid her hands on me and got up in my face and started yelling, `Why did you do that?'" said Fiester, who worked as a legal assistant for an attorney.

February 28, 2013

Pregnant woman says San Diego Christian College fired her for having premarital sex

Source: Teri James, The Denver Channel

A woman in California claims she was fired from her job at a San Diego college because she engaged in premarital sex and became pregnant. Teri James alleges her employer, San Diego Christian College in El Cajon, wrongfully terminated her. James hired high-profile attorney Gloria Allred to represent her in the case.

Careful, 'Having it All' Women, Your Privilege is Showing

Source: Christine Pelosi, Huffington Post

While your people are breaking ceilings, it's my people of color who are caring for your kids, so your discussion doesn't empower us. We want to be breaking ceilings too."

February 27, 2013

Workers over 50 are the new 'unemployables'

Source: Annalyn Kurtz, CNN

Older workers were less likely to lose their jobs during the recession, but those who were laid off are facing far tougher conditions than their younger colleagues.

Union Leaders Call on Obama to Fill Labor Board

Source: Steven Greenhouse, New York Times

The nation's union leaders are voicing alarm that the National Labor Relations Board might remain paralyzed for a year or more as a result of a federal appeals court ruling that found President Obama's recess appointments to the board to be unconstitutional.

Bill would bar some athletes from California workers' comp claims

Source: Mark Lifsher , Los Angeles Times

Proposed legislation would ban retired athletes from seeking California workers' comp benefits after they've played relatively few games in the state.

February 26, 2013

Wal-Mart Sued by Wisconsin Women for Gender Bias

Source: Andrew Harris, Bloomberg

Wal-Mart Stores Inc. (WMT), the world's largest retailer, was sued by five Wisconsin women who claim the company denied them and other female employees equal pay and equal opportunities.

CNN Spotlights Transgender Woman's Struggle Against Employment Discrimination

Source: HRC Staff, Human Rights Campaign

Transgender Americans often face discrimination in many aspects of daily life. This can be especially prevalent in the workplace. Unfortunately, there are no federal protections against anti-LGBT workplace discrimination and most states still allow a person to be fired based on his or her sexual orientation or gender identity.

February 22, 2013

Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964

Source: Press Release , EEOC

An employer's use of an individual's criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended.

How to Assert Your Legal Rights at Work

Source: Allison Green, US News & World Report

First, before anything, you want to make sure that your employer really is breaking the law. People often wrongly assume that the law entitles them to things that aren't actually enshrined in law--such as fair treatment, paid vacation days, or a warning before being fired. So first make sure that you really are facing a legal violation.

February 21, 2013

Florida lawmakers look to end discrimination against expecting mothers

Source: Kimberly Wiggins , My Fox Orlando

Pregnant women throughout the United States are protected from employment discrimination under federal law, but that's not necessarily the case in Florida. Two state lawmakers are now trying to change that fact.

Transgender job seekers face uphill battle

Source: Blake Ellis , CNN Money

Rebecca Juro, 50, has been unemployed for the last four years and she can't help but think it's because she's transgender.

Federal Laws Prohibiting Job Discrimination Questions And Answers

Source: EEOC Commission , EEOC

Federal Equal Employment Opportunity (EEO) Laws. What Are the Federal Laws Prohibiting Job Discrimination?

February 20, 2013

Bill Would Redefine Workplace Discrimination

Source: Marshall Griffin , KCUR

A Missouri statehouse committee heard testimony Monday on a bill that would redefine what constitutes workplace discrimination. If passed, workplace discrimination would have to be a motivating factor, not just a contributing one, in any wrongful action taken against a worker by an employer, which is the current federal standard.

The Drumbeat for LGBT Non-Discrimination Executive Order Grows Louder

Source: Ian Thompson, ACLU

Coming on the heels of a letter from 37 U.S. senators, a coalition of national civil rights, religious, professional, labor, civic and educational organizations sent a letter to President Obama on Wednesday urging him to issue a long-sought executive order to prohibit discrimination on the basis of sexual orientation and gender identity by federal contractors.

Faith in Values: Lessons from Our Past Should Light the Path of Immigration Reform

Source: Sally Steenland , Center for American Progress

A key part of the debate revolves around "legal status" vs. "citizenship." The two terms may seem similar but their difference is vast. Providing legal status without a chance to earn citizenship would mean creating a permanent underclass of people who live in our communities, work, and pay taxes while being denied certain basic rights

February 19, 2013

Department of Labor: Side-by-Side Comparison of Current/Final Regulations

Source: Department of Labor

Wage and Hour Division (WHD)
Side-by-Side Comparison of Current/Final Regulations

2013 Employee Handbook Updates

Source: Steve Taylor , Society for Human Resource Management

Legal and regulatory changes--more than new laws--are driving the need for company policy adjustments, revised plan documents and updated employee handbooks for 2013 by U.S. employers.

An Executive Order to Prevent Discrimination Against LGBT Workers

Source: Lee Badget , Center for American Progress

While many states, municipalities, and corporations have instituted policies that shield LGBT workers from workplace bias, LGBT individuals currently lack adequate legal protections from employment discrimination.

February 18, 2013

Discrimination Doesn't Make Dollars, or Sense

Source: David Futrelle, Time

Discrimination isn't just an insult to our most basic notions of fairness. It also costs us money, because those who are discriminated against are unable to make the best use of their talents.

Paid Leave for Women … And Men

Source: Ellen Bravo, New York Times

Fifty years after the publication of "The Feminine Mystique," we're way past debate over whether or not women should hold paid employment (a debate that was never real for many women). Today two-thirds of employed women are either the primary or co-primary breadwinner for their families.

Raise That Wage

Source: Paul Krugman , New York Times

One major proposal, however, wouldn't involve budget outlays: the president's call for a rise in the minimum wage from $7.25 an hour to $9, with subsequent increases in line with inflation. The question we need to ask is: Would this be good policy? And the answer, perhaps surprisingly, is a clear yes.

February 8, 2013

The Family and Medical Leave Act, 20 Years Later

Source: Laura D'Andrea Tyson, New York Times

Twenty years ago, just a few weeks after his inauguration, President Clinton fulfilled a campaign pledge and signed his first bill - the Family and Medical Leave Act. The law sent a strong signal of his commitment to provide more opportunities for American workers in return for more personal responsibility.

Walmart Workers Are Back on Strike Over a New Wave of Alleged Threats

Source: Josh Eidelson, The Nation

For the first time since November's Black Friday walkout, US Walmart retail workers are out on strike. At noon, half a dozen workers in Laurel, Maryland, walked off the job in protest of alleged retaliation by Walmart management.

Side-by-Side Comparison of Current/Final Regulations

Source: DOL, DOL

Wage and Hour Division (WHD) |
Side-by-Side Comparison of Current/Final Regulations

February 7, 2013

Checking Work Email Outside Of Work Should Count As Overtime, Lawsuit Claims

Source: Michael Tarm , Huffington Post

Does scanning emails and answering calls from bosses on your smartphone after hours constitute work that should be compensated? A lawsuit winding its way through federal court in Chicago says that it does.

Profound Weight of Layoffs Is Seen in Work Trends Survey

Source: Catherine Rampell , New York Times

Layoffs have touched nearly every American household in some fashion over the last few years, according to new survey data to be released Thursday by the John J. Heldrich Center for Workforce Development at Rutgers University.

Are we throwing in the towel on American workers?

Source: Nina Easton, CNN Money

Last week the nation's jobless rate ticked back up to 7.9%, yet at Microsoft more than 6,000 jobs go begging. These are jobs that pay, on average, $104,000 for applicants with only a bachelor's of science degree. "Great jobs," notes Microsoft General Counsel Brad Smith. No kidding.

February 6, 2013

Christian school's lawsuit may test court ruling

Source: Linda Deutsch , AP

A lawsuit by a Southern California Christian school against two former teachers who refused to provide proof of their faith could pose one of the first court tests of a U.S. Supreme Court ruling on religious freedom.

Work, Life Balance: 20 years of the Family and Medical Leave Act

Source: AU Law Forum , AU Labor & Employment Law Forum

The Family and Medical Leave Act of 1993 (FMLA) is meant to alleviate some of the "work, life" problems that arise every day in families across the country. FMLA is a federal law that requires employers to provide employees leave for qualified medical and family reasons, without risk to the employees job.

Can an employer have a mandatory flu shot policy?

Source: Katie Loehrke, Vasalia Times Delta

The cold and flu season has already been particularly harsh this year, and American companies and workers aren't out of the woods yet -- flu season can last into May, according to the U.S. Centers for Disease Control and Prevention.

February 5, 2013

Job Growth Steady, but Unemployment Rises to 7.9%

Source: Catherine Rampell , New York Times

Despite the chaos and uncertainty hovering over tax rates and government budget cuts at the turn of the year, job growth accelerated at the end of 2012 and was even faster than originally estimated, the Labor Department said on Friday. Job growth also continued at a steady if modest pace in January, with employers adding 157,000 payroll positions, though the unemployment rate ticked up to 7.9 percent.

Union membership in the U.S. continues its long decline

Source: Alana Semuels , LA Times

Union membership is continuing to shrink throughout the country, even as companies add jobs in one-time union strongholds such as Michigan.

Union membership fell to 11.3% of wage and salary workers last year, down from 11.8% the year before, the Bureau of Labor Statistics said today. In 1981, 20.1% of wage and salary workers were unionized.

Immigration Reform Must Include Workers' Rights

Source: Amy Dean , Huffington Post

At this moment, various plans to reform America's broken immigration system are working their way through Congressional debate.

February 4, 2013

Looking at key concepts in employment law

Source: Dick Baggett , Go San Angelo

The Supreme Court first established firmly the principle of disparate impact in its 1971 Griggs vs. Duke Power Company decision. In this case, the Supreme Court recognized that Title VII of the Civil Rights Act of 1964 permits disparate impact claims.

Paycheck Fairness Act Would Allow Workers To Share Salary Information

Source: Jilian Berman , Huffington Post

The "Paycheck Fairness Act," introduced by Sen. Barbara Mikulski (D-Md.) and Rep. Rosa DeLauro (D-Conn.) last week, would prohibit companies from retaliating against workers who discuss salary information.

California Labor Law Wage Theft = 865 Employees, Three Time Clocks

Source: Gordon Gibb , Lawyers and Settlements

If you have 865 employees working in two warehouses taking up an area equivalent to 20 football fields, you better have more than three time clocks. Otherwise you are going to have a problem. That's exactly how a Chino-based warehouse and distribution firm got into trouble with California labor law.

January 31, 2013

Violence in the Workplace: It's Never a Woman

Source: David Macaray, Huffington Post

A true story. While I was president of a labor union, one of our Executive Board members ("Fred") brought in a newspaper article about an employee who shot and killed the shift supervisor and HR rep who'd just fired him. At the end of the termination meeting, this guy pulled out a gun, shot both of them, then walked out of the office and turned himself in.

Law Schools' Applications Fall as Costs Rise and Jobs Are Cut

Source: Ethan Bronner , New York Times

Law school applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduatio

Don't Hire Ex-Cons? Myths About Hourly Workers That Don't Hold True

Source: Peter Burrows , Bloomberg

In fact, this segment of the workforce is so poorly understood that many common assumptions about them are simply wrong, he said. Simkoff should know. His service, which helps companies manage their global workforces, has information on 984,000 hourly workers from its 20 large customers, including Xerox.

January 30, 2013

Workplace Disability Discrimination Claims Hit Record

Source: Sean Heasley , Disability Scoop

Overall, the number of job bias complaints filed with the EEOC was down somewhat in 2012, with a total of 99,412 charges filed by private sector workers. Disability claims, however, have increased every year since 2005.

Curry: If you don't look the part, you don't get the job

Source: Lynn Curry , Anchorage Daily News

Perhaps it's simply a reflection of our hectic, fast-paced society today, but it seems like more and more people today are labeled as having anger management issues.

January 29, 2013

Workers of the World, Sit Tight

Source: Adam Davidson , New York Times

For 25 years, Monty Newcomb has worked at the same chemical plant in Calvert City, Ky., making products that hold pills together and remove sediment from beer. In his early years, Newcomb watched his union, the International Association of Machinists and Aerospace Workers, lose one battle after another in its ongoing struggle with management.

Viewpoint: The Decline of Unions Is Your Problem Too

Source: Eric Liu, Time

Last week came news that the share of America's workforce that's unionized hit a 97-year low. A mere 11.3% of workers now belong to a union, and a great chunk of those are in the shrinking public sector. In the private sector, unionization fell to an abysmal 6.6%, down from a peak of 35% during the 1950s.

After D.C. Circuit ruling, what happens to NLRB decisions and its GC?

Source: Sue Resinger , National Law Journal

In the wake of Friday's federal court ruling invalidating three of President Barack Obama's recess appointments to the National Labor Relations Board, corporations are left in a cloud of doubt. In fact, the "only certainty is there's a tremendous amount of uncertainty," veteran appellate attorney Andrew Pincus told CorpCounsel.com Monday.

January 28, 2013

In Hiring, a Friend in Need Is a Prospect, Indeed

Source: Nelson D. Schwartz , New York Times

But when a friend at Ernst & Young recommended her, Ms. Parakh's résumé was quickly separated from the thousands the firm receives every week because she was referred by a current employee, and within three weeks she was hired. "You know how long this usually takes," she said. "It was miraculous."

Will Virginia Lawmakers Stop Discrimination Against LGBT Employees?

Source: Lucas Grindley , Advocate

The state Senate passed a bill that would make it illegal for gay and lesbian state employees to be discriminated against, but the proposal faces an uncertain future.

Bills Protect Gays In Employment Discrimination

Source: Elena Schneider, The Texas Tribune

When Meghan Stabler first revealed her plans for a medical and physical transition from male to female to a co-worker in 2004, she was nervous and fearful.

January 25, 2013

Unemployment Discrimination Banned By New York Council Bill

Source: Arthur Delaney, Huffington Post

The New York City Council passed a bill Wednesday that would ban businesses from discriminating against unemployed job applicants.

LGBT advocates seek ban on employee discrimination [Article no longer available]

Source: AP, ABC 7 News

Gay rights advocates are renewing their push for President Barack Obama to sign an executive order banning federal contractors from discriminating against gay employees.

State-Level Policies Threaten to Further Weaken Unions

Source: David Madland and Dick Bunker , Center for American Progress

The Bureau of Labor Statistics released data today showing that the national union membership rate dropped to 11.3 percent in 2012--a net decline of 0.5 percentage points from 2011. The private-sector unionization rate continued its steady decline, dropping to 6.6 percent from 6.9 percent in 2011.

January 24, 2013

5 Steps for Handling a Workplace Bully

Source: Chrissy Scivique, US News & World Report

Sometimes, the workplace can feel a lot like high school: Full of cliques, gossip, and passive-aggressive behavior. Bullying has been a hot topic as of late and sadly, adults are not immune to it. Bullies certainly exist in the workplace, though they aren't quite as obvious as they were in grade school. They don't go around throwing people into trash cans and stealing lunch money. But their torment can be just as destructive.

ACLU Urges EEOC to Update Guidance Policy

Source: Media @ ACLU , ACLU

The ACLU and a coalition of civil rights and civil liberties groups sent a letter to the U.S. Commission on Civil Rights in response to the Commission's briefing on "The Impact of Criminal Background Checks and the Equal Employment Opportunity Commission's (EEOC) Conviction Records Policy on the Employment of Black and Latino Workers," held on December 7, 2012.

California unions grow, bucking U.S. trend

Source: Alana Semuels, LA Times

Latino workers, demanding respect in a precarious job environment, helped boost the state's unionized workforce by 100,000 in 2012.

January 23, 2013

An Employer Asks You To Do Work For Free: Legal Or Not?

Source: Donna Ballman , AOL Jobs

I run into many problems with employers regarding availability and doing free work to promote business. An example is: A company would tell me that I am an independent contractor but would require me to stay in the area, without pay, in case someone would want to schedule my services last-minute.

'Halo Effect' of Dukes Seen Spurring Change in Workplace Suits

Source: Jessie Kokrda Kamens , Bloomberg BNA

The U.S. Supreme Court's landmark 2011 class action decisions set the stage for a year of "significant change" in workplace class action litigation in 2012, led by the "halo effect" of the Wal-Mart Stores Inc. v. Dukes decision, a law firm report released Jan. 14 said.

Employers' rights (and wrongs) regarding language in the workplace

Source: Katie Loehrke, Visalia Times Delta

It is well known that employers may not discriminate based on personal characteristics, such as race, ethnicity, and national origin. It's also well known that a diverse workforce can lead to advantages for an employer, including improved customer relations and diversity of thought among employees. Despite the advantages of diversity, however, it may come with complications.

January 22, 2013

Federal court upholds Wisconsin union limits

Source: Todd Richman & Scott Bauer , Washington Times

A federal appeals court on Friday upheld Wisconsin Gov. Scott Walker's contentious law stripping most public workers of nearly all of their collective-bargaining rights in a decision hailed by Republicans, though it does not undo a state court ruling keeping much of the law from taking effect.

Flu Outbreak: Why Paid Sick Days Matter

Source: Shamus Khan , Time

We are in the midst of one of the worst flu seasons in recent memory. By the end of it, about 60 million Americans are likely to contact influenza, over 200,000 will probably to be hospitalized and tens of thousands will have died.

Even if It Enrages Your Boss, Social Net Speech Is Protected

Source: Steven Greenhouse, New York Times

As Facebook and Twitter become as central to workplace conversation as the company cafeteria, federal regulators are ordering employers to scale back policies that limit what workers can say online.

January 21, 2013

News Summary: Weekly US unemployment aid applications fall to 5-year low

Source: AP, Washington Post

The number of Americans applying for unemployment assistance plummeted to a five-year low last week, a sign that the job market may be improving. Applications are a proxy for layoffs.

Budget Cuts Jeopardize Job Discrimination Protection

Source: US News Wire, Hispanic Businesss

Potential budget cuts from sequestration would devastate the Equal Employment Opportunity Commission's ability to enforce laws that protect American workers from job discrimination, according to the American Federation of Government Employees.

'Employment Discrimination 2.0' and What President Obama Can Do About It in His Second Term

Source: Benjamin Todd Jealous , Huffington Post

President Obama will hold his second Inauguration on Martin Luther King, Jr. Day, just across a grassy expanse from where Dr. King spoke at the March on Washington for Jobs and Freedom.

January 18, 2013

Outsource your own job, get fired. What's fair about that?

Source: Paul Whitefield , LA Times

The Times' Alana Semuels reported Thursday on the strange case of "Bob," a computer software developer at an unnamed U.S. company who "unbeknownst to his bosses, hired a Chinese developer to do his job, allowing him to take home impeccable performance reviews while actually spending the day watching cat videos and shopping on EBay."

The Catch-22 of Being a Female Boss

Source: Karen Firestone, Harvard Business Review

For women who have persevered through the corporate competition and finally attained a level of authority over a group of employees, we need to remember a few essentials. Not only is it critical to be genuine and play to our strengths, but we also must understand how societal expectations can sometimes play a role in the way our messages, as managers, are received.

Code Word for Age Discrimination

Source: Jessica Lapin, Huffington Post

New Yorkers over 55 quickly learn the open secret that "overqualified" means "too old." The Great Recession has impacted workers of all ages, but seniors and near-seniors have been hit especially hard. New Yorkers age 55 and older who lose their jobs are out of work for an average of one year, compared to 41 weeks for younger employees.

January 17, 2013

DOL Issues Guidance on "Caring for an Adult Child" Under the FMLA

Source: Jeff Nowak, JD Supra

Yesterday, the U.S. Department of Labor issued an Administrator's Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child.

Should You Stay, or Should You Go?

Source: Lindsay Olsen , US News & World Report

If you're considering quitting your job, you may be indecisive about whether it's the right decision or not. On the one hand, you're pretty miserable. On the other hand, if you wait it out, you might make that promotion next year. While quitting or staying at your job is a personal decision, let's look at a few key situations and what you should consider.

Economic Snapshot for January 2013

Source: Christian E. Weller, Center for American Progress

Economic revival and job growth continue at a moderate pace in the fourth year of the recovery from the Great Recession of 2007-2009. The economy and the labor market are being held back in part by the uncertainty over what will happen to the federal government's debt ceiling--the amount the federal government can borrow without Congress's approval--and to the already-enacted automatic spending cuts now set to begin in March 2013.

January 16, 2013

Shifting Taboos on Tattoos

Source: Kaitlin Montgomery , Huffington Post

Throughout the years, tattoos have gotten a bad rap within the workplace -- they simply shouldn't be seen. As times change and new generations take the place of the old, the line regarding tattoos as inappropriate could be shifting.

Is the U.S. Falling Behind on Women in the Workplace?

Source: Jordan Weismann , The Atlantic

From the early 1970s to the early 1990s, the U.S. workforce underwent a radical transformation, as women bid goodbye to their roles as housewives and entered the labor market en masse.

Sick Workers' Dilemma: Stay Home Or Go To Work?

Source: Alisa Chang , NPR

As the earliest flu outbreak in years continues to claim victims, businesses are taking a hit, too. They're faced with an unsolvable problem: If they tell too many sick employees to stay home, the work doesn't get done. But when people sick with flu and other bugs show up, they're spreading illness through the workplace.

January 14, 2013

Another View: Unemployment, not the deficit, is the biggest drag on the economy

Source: William Winger & Lawrence Winger , Portland Press Herald

Sen. Angus King appeared on NBC's "Meet the Press" program Jan. 6 and said, with regard to the perceived deficit issue, "we're not gonna grow our way out of it." This view is completely wrong. The recession, the lack of demand and the high rate of unemployment are the primary causes of our current budget deficit. Our first priority must be to complete our recovery from the recession.

A New Session, A New Push For LGBT-Friendly Laws In Austin

Source: Christina Kristofic , KUHF FM News

Charles Scarborough, a 51-year-old Army veteran from New Milford, Susquehanna County, says he is hearing-impaired and his former bosses and coworkers in the Central Bucks district mockingly referred to him as "Charlie Huh?," questioned whether he truly had a disability and discriminated against him.

Bill aims to make VA employee discrimination illegal

Source: Christina Kristofic, Mike Valerio

For the first time, Virginia could protect all state employees from discrimination, as a bill begins its path through the 2013 General Assembly.

January 11, 2013

More Americans file unemployment claims, but jobs market still appears stable, Labor Department says

Source: Reuters , New York Daily News

Last week, initial claims for state unemployment benefits rose 4,000 to a seasonally adjusted 371,000, U.S. labor officials said Thursday. Seasonal employment during the holidays tends to make the number of claims more unpredictable this time of year.

Baucus says he's declaring 'war' on veterans unemployment

Source: Mike Dennison , Missoulin

U.S. Sen. Max Baucus, speaking to the Montana Legislature on Thursday, said he's declaring a "war on veteran unemployment" and will be pushing legislation to help veterans of wars in Iraq and Afghanistan get jobs.

The Difficult Issue of Attractiveness Discrimination

Source: Brad Reid , Huffington Post

A free market economy should maximize business managerial prerogatives. On the other hand, individuals should not be penalized for appearance and attractiveness factors beyond their control. Currently, the Americans With Disabilities Act requires employers to provide reasonable accommodations to disabled employees unless this would cause an undue hardship to the employer.

January 10, 2013

EEOC Releases Its Strategic Enforcement Plan

Source: Gary Siniscalco, Lauri A. Damrell, Stephanie Albrecht , JD Supra

The final version maintains the key areas of national priority outlined in the draft SEP; however, it includes additional priorities, including age discrimination and equal pay issues.

Why many women delay revealing pregnancies

Source: Beth Tietel , Boston Globe

Despite such corporate recognition, the Equal Employment Opportunity Commission reports that pregnancy discrimination claims rose from 4,287 in Fiscal Year 2001 to 5,797 in FY 2011. (A recent high came in FY 2008 with 6,285 complaints.)

Teachers union, fired teachers sue Chicago for racial discrimination [Article no longer available]

Source: Robby Soave, Daily Caller

The Chicago Teachers Union is supporting three recently fired black teachers who are suing the city for racial discrimination.

January 9, 2013

Pregnancy discrimination: a real-world challenge

Source: Bette Begleiter and JoAnne Fischer, Philly.com

Under current law, U.S. employers are not required to make even minimal accommodations for pregnant women, leaving many with no choice but to leave a job that they truly want or need.

New employment laws for 2013

Source: Anderson Post Valley Staff, Anderson Post Valley

New employment laws will affect day-to-day operations and policies of California's employers in 2013. Here are some of the more noteworthy new laws from the California Legislature as identified by the California Chamber of Commerce. Unless specified, all new legislation goes into effect Jan. 1.

Govt, giant food service provider Centerplate settle employment discrimination case [Article no longer available]

Source: AP, Washington Post

The Justice Department and one of the largest hospitality companies in the world have settled allegations that the firm discriminated in employment by requiring non-U.S. citizens to produce specific documents issued by the Department of Homeland Security.

January 8, 2013

The Top Five Reasons Employees Will Quit In 2013

Source: Meghan Casserly , Forbes

The new normal for employment is just under five years. Five years with a company and we start looking towards greener pastures (read: more money, better-stocked snack-machines and lavish holiday parties). And according to Indeed.com, January is the month when most of us look to make the move to new companies--online job searches are up 40% from December to January.

First-time jobless claims rose to 372,000 last week

Source: Jim Puzzanghera, LA Times

First-time jobless claims rose to 372,000 last week, a level consistent with a moderately growing labor market ahead of Friday's December unemployment report.

California farm labor law still a hot issue

Source: Dan Walters, Sacramento Bee

Jerry Brown's major achievement in his first year as governor in 1975 was the Agricultural Labor Relations Act, creating a first-in-the-nation mechanism for the United Farm Workers union to seek contracts with growers.

January 7, 2013

Don't Sign Away Discrimination Claims to Get Severance Pay

Source: Michele Bowman , JD Supra

In general, employers cannot punish employees who exercise their right to file discrimination charges with the EEOC - it violates Title VII of the Civil Rights Act of 1964, which defines unlawful employment practices.

Gay employee sues airline association for discrimination

Source: Lou Chibbaro Jr, Washington Blade

A gay auditor at the D.C.-based Air Transport Association of America filed a lawsuit in September charging the group with paying him a "substantially" lower salary than others with similar job duties because of his sexual orientation.

GOP Rep. Stivers Tentatively Endorses Employment Non-Discrimination Act

Source: Rebecca Leber and Scott Keyes, Think Progress

Republicans have obstructed the Employment Non-Discrimination Act (ENDA) for years, preventing a federal law from prohibiting discrimination against LGBT employees. On Thursday, Rep. Steve Stivers (R-OH) told ThinkProgress that he would be in favor of preventing employment discrimination, if there is a way to "not mess up many states' employment laws" in the process.

January 4, 2013

New Jersey's New Pay Equality Notice Law

Source: Evan J. Shenkman, JD Supra

The New Jersey Department of Labor and Workforce Development just issued proposed rules providing guidance about the new law, along with a sample proposed notice for posting and distribution to employees. The rules and notice are scheduled to appear in the January 7, 2013 issue of the New Jersey Register, but are available here in the interim.

Federal Courts Continue Grappling With Privacy Issues And Employee Communications

Source: Beth P. Zoller , JD Supra

The federal courts continue to evaluate an employee's right to privacy and an employer's right to monitor employee communications and terminate employees based on those communications, whether under common law, statute or the US Constitution.

US Unemployment Outlook [Article no longer available]

Source: Live Trading News

Friday's US jobless rate from the US Bureau of Labor Statistics remained unchanged from its revised level the previous month, adding 155,000 jobs, roughly equal to the average 153,000 jobs added monthly over the first 11 months of the year.

January 3, 2013

U.S. jobs report: December unemployment rate at 7.8 percent; 155k jobs added Read more at Jacksonville.com: http://jacksonville.com/news/national/2013-01-04/story/us-jobs-report-december-unemployment-rate-78-percent-155k-jobs-added#ixzz2HJljjNeb

Source: AP, Florida Times Union

U.S. employers added 155,000 jobs in December, a steady gain that shows hiring held up during tense fiscal cliff negotiations in Washington.

Read more at Jacksonville.com: http://jacksonville.com/news/national/2013-01-04/story/us-jobs-report-december-unemployment-rate-78-percent-155k-jobs-added#ixzz2HJlhcSiy

Can Bosses Do That? As It Turns Out, Yes They Can

Source: Lewis Maltby , NPR

Did you know you could be fired for not removing a political sticker from your car -- or even having a beer after work? Lewis Maltby says it's more than possible -- it's happened. His new book, Can They Do That? explores rights in the workplace.

Guidance on the 90-Day Waiting Period Limitations

Source: Mark Kelly, JD Supra

For plan years starting on or after January 1, 2014, a group health plan or a health insurer offering group coverage may not impose a waiting period that exceeds 90 days. IRS Notice 2012-59 defines "waiting period" as a period of time that must pass before coverage for an employee or dependent, who is otherwise eligible to enroll under the terms of the plan, can become effective.

December 27, 2012

You're hot; you're fired

Source: Kerry Waldman , Times Union

Every particle of me wants to disagree with the Iowa court that last week protected a male boss' right to fire an employee simply because he finds her "irresistible."

he Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking

Source: Press Release, EEOC

Q: What are some examples of employment decisions that may violate Title VII and involve applicants or employees who experience domestic or dating violence, sexual assault, or stalking?

Discrimination case by former Kansas City police recruit draws national attention [Article no longer available]

Source: Judy L Thomas , Kansas Star

A sex discrimination and harassment lawsuit filed by a former Kansas City police recruit has drawn the concern of law enforcement officials in more than a dozen states.

December 26, 2012

Why Leaders Can't Afford to Ignore Employees' Well Being

Source: Elaine Pofeldt, Forbes

If you or your employees are bringing your problems to work, you are likely to be hurting each other's performance, according to recent research by Gallup. The flip side of the findings: If your life is going well, it's likely to rub off on those around you.

Workzone: Discriminatory job practices working against older workers

Source: Patricia Sabatini, Pittsburg Post Gazette

It isn't easy to grow old gracefully. But for people 55 and older who want to continue in the work force, the realities of advancing age can be especially harsh.

7 Ways the Generation Gap Divides the Office [Article no longer available]

Source: Dara Petinelli , ABC

What makes today's divide unique, however, is technology's influence in the workplace. Below you will see how this gap plays out in the office, and what the generations can do to get along better.

December 21, 2012

NLRB Clarifies Social Media Case Analysis

Source: Workplace Prof Blog

The Board recently released its decision in Hispanic United of Buffalo, in which it clarified the analysis for Facebook and other social media cases.

Labor Relations Board Loses Voice of Dissent

Source: Sean Higgins , The Examiner

NLRB solves its partisan gridlock problem: no Republicans serving on it now

Protecting the rights of convicted criminals: Ban the Box Act of 2012

Source: Rep. Hansen Clarke, Washington Post

Earlier this month, the Washington, D.C. city council voted down a bill to protect people with criminal records from employment discrimination.

December 20, 2012

Ringing in the New Year With Employment Legislation That Could Affect New Jersey Employers in 2013

Source: Cole Schotz , JD Supra

Five important pieces of legislation that could affect your business either will go into effect or may be decided by Governor Christie before we ring in 2013. These bills range from social networking legislation to minimum wage increases to workplace support for victims of domestic violence.

Family Research Council Sued For Sexual Harassment, Discrimination

Source: Laura Bassett, Huffington Post

The former director of women's and reproductive health at the Family Research Council, a prominent Christian conservative advocacy group, is suing the organization, claiming it retaliated against her and fired her after she filed a sexual harassment complaint against her boss.

Behind the strikes at Wal-Mart, McDonald's, ports

Source: Emily Jane Foxx, CNN

Over the past week, port workers in Los Angeles went on strike. So did fast food workers from McDonald's and Burger King. And last month, it was Wal-Mart workers.

December 19, 2012

Fact Sheet: The Value of Unions and the Consequences of 'Right-to-Work' Laws

Source: Katie Murphy , Center for American Progress

The passage of so-called right-to-work legislation in Michigan fails to take into consideration the real impact unions have on both states' and the nation's economies and on middle-class Americans.

How to Treat Workplace Stress

Source: Lauren Weber , Wall Street Journal

What are the main causes of workplace stress?

EEOC Approves Strategic Enforcement Plan

Source: Press Release, EEOC

Commission Establishes Priorities for Enforcement and Strategies for Integrating Agency Responsibilities.

December 18, 2012

Congress Should Extend Emergency Unemployment Benefits Now

Source: Sara Ayres , Center for American Progress

Congress must extend unemployment insurance despite the ongoing fiscal showdown and budget cuts that will likely take effect in January.

Walmart VP: When Workers Ask About Unions, Management Tells Them Benefits 'Might Go Away'

Source: Josh Eidelson , The Nation

In an interview with Bloomberg Businessweek, a top Walmart official said the company has evaded unionization in part by reminding workers what benefits "might go away" if they organized.

Closer Look at Union vs. Nonunion Workers' Wages

Source: Ben Casselman , Wall Street Journal

Over the weekend, the Journal reported on the economics of "right-to-work" rules.

December 17, 2012

Employers should revisit blanket leave and criminal background check policies, protect against gender identity bias, EEO experts say

Source: Employment Law Daily

Employers should take another look at blanket leave and criminal background check policies, and make sure that discrimination on the basis of gender identity is prohibited, according to experts discussing equal employment opportunity (EEO) developments in 2012.

Supreme Court unanimous: Process for discrimination claims was too complicated

Source: Josh Hicks, Washington Post

The U.S. Supreme Court on Monday unanimously upheld a former federal worker's right to appeal a discrimination case in U.S. district court despite a lower court's determination that the matter should be taken up in a special federal claims court.

Right-to-Work Nevada a Rare Bright Spot for Labor

Source: Nicholas Riccardi , ABC

The future of the American labor movement may lie just off the Las Vegas Strip, inside a squat building huddled in the shadow of the Stratosphere casino.

December 14, 2012

Right to Work Laws and Why Labor Unions Are in Crisis

Source: Scott Martelle, The Daily Beast

Michigan's new right to work law is the latest blow to organized labor.

Push for minimum wage hike intensifies as worker ranks swell

Source: Alana Semuels and Ricardo Lopez, Chicago Tribune

Many who lost middle-class jobs during the recession are taking low-paying positions. Employees and activist groups are pushing for a living wage.

New law raises employers' responsibility in religious accommodations

Source: Robin Paggi , The Bakersfield Californian

Religious discrimination claims against employers have steadily increased over the last decade, and a new law recently signed by Governor Brown could lead to even more claims in the New Year.

December 13, 2012

NYC Fast Food Workers Strike for a Union and Higher Wages

Source: Aaron Kase, Lawyers.com

Fast food workers walked off the job last week across New York City in a surprise effort aimed at increasing their paychecks and the creation of an unusual union.

Labor Disputes, the Walmart Way

Source: Ira Boudway, Business Week

1970: The Retail Clerks International Union attempts to organize Wal-Mart Stores employees at two outlets in Missouri.

Supreme Court makes bias complaint process simpler for federal workers

Source: Josh Hicks, Washington Post

The U.S. Supreme Court has given federal workers a simpler and less confusing process for appealing discrimination cases that have been dismissed on procedural grounds, the court and worker advocates said.

December 11, 2012

DOJ settles discrimination claim against homecare provider

Source: Joe Hendon , Examiner

DOJ settles discrimination claim against homecare provider. The agreement resolved claims that the provider violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it demanded unnecessary documentation from a newly naturalized citizen in response to an initial mismatch in E-Verify and then refused to hire her when she did not produce it.

Social media in the workplace

Source: A. Kevin Trotman , Houston Chronicle

During the past year the National Labor Relations Board (NLRB) has issued several rulings regarding employee rights to make work-related comments on social media.

Labor Vows Payback for Supporters of Right-to-Work Laws

Source: John Flesher , Politics in Polk

With defeat in the Michigan Legislature virtually certain, Democrats and organized labor intend to make enactment of right-to-work laws as uncomfortable as possible for Gov. Rick Snyder and his Republican allies while laying the groundwork to seek payback at the polls.

December 10, 2012

Tenn. activists rally for ENDA executive order

Source: Chris Johnson , Washington Blade

Faced with living in a state with no non-discrimination law protecting them, LGBT activists demonstrated in three Tennessee cities on Sunday to call on President Obama to issue an executive order barring federal contractors from engaging in job bias based on sexual orientation and gender identity.

Fighting Pregnancy Discrimination

Source: Janet Raasch , Lawyers.com

Women are the primary or co-primary earners in two-thirds of American households.

Supreme Court sides with former federal worker in discrimination appeal

Source: Josh Hicks , Washington Post

The U.S. Supreme Court on Monday unanimously upheld a former federal worker's right to appeal a discrimination case in U.S. district court despite a lower court's determination that the matter should be taken up in a special federal claims court.

December 6, 2012

Collective Action Against Wage Theft

Source: Editorial , New York Times

If you work in Illinois, Indiana, or Wisconsin, it just got a little easier for your employer to reveal to others any health care information that you voluntarily offer up.

JOB CITES: Don't be fooled: Labor laws apply to nonunion employers

Source: Warren Buliox, Wisconsin Law Journal

Consider the following scenario: You are a nonunion employer who has just conducted an internal investigation into a harassment complaint by an employee (let's call her Monica).

Columns: A Guide To Handle Every Day Problems In The Workplace

Source: Deborah Bullock , Langley Today

Bullying is usually seen as acts or verbal comments that could 'mentally' hurt or isolate a person in the workplace. Sometimes, bullying can involve negative physical contact as well.

December 5, 2012

How Companies Must Adapt for an Aging Workforce

Source: David Bloom & David Canning , Harvard Business Review

The world's population is growing older, taking us into uncharted demographic waters. By 2050, over one-fifth of the US population will be 65 or older, up from the current figure of one-seventh. The number of centenarians worldwide will double by 2023 and double again by 2035

Unionizing the Bottom of the Pay Scale

Source: Eduardo Porter, New York Times

Other than poverty, José Carrillo and Joshua Williams have little in common.

EEOC files suit against Sony, staffing company for firing woman because of prosthetic leg

Source: Ameet Sachev , Chicago Tribune

A Chicago-area woman with a prosthetic leg was wrongfully terminated from a temporary job because of her disability, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed Tuesday.

December 4, 2012

Seeing discrimination in nondiscrimination

Source: Bill Schuette, Washington Times

In 2006, Michigan voters approved an amendment to their constitution prohibiting racial, gender and ethnic discrimination in public employment, public contracting and public education. Yet the U.S. Court of Appeals for the 6th Circuit in Cincinnati struck it down last year.

Slow Movement On Banning Anti-LGBT Job Discrimination

Source: Chris Geldner , Buzz Feed Politics

Although marriage equality advocates have found recent success, anti-LGBT job bias measures have been stalled in Congress and at the White House.

More Workers Claiming Job Discrimination Over Language, Accents

Source: Paul Foy , Insurance Journal

More people in the workforce are claiming discrimination over their English-speaking ability or foreign accents, according to federal officials.

December 3, 2012

The Strange Case of Wal-Mart and the National Labor Relations Board

Source: John Logan, Counterpunch.com

For the first time in its half-century history, Wal-Mart is facing the prospect of significant labor strife. Wal-Mart workers throughout the country have been participating in short strikes and other workplace actions for the past two months. They are demanding higher wages, better benefits, more full time work, and respect on the job.

Latinos Least Likely to Have Paid Leave or Workplace Flexibility

Source: Sarah Jane Glynn and Jane Farrell , Center for American Progress

Good jobs that offer paid leave and flexibility are associated with a variety of health and economic benefits. Unfortunately, people of color--especially Latinos--are less likely than their white counterparts to have access to these jobs.

Special Report: Silicon Valley's dirty secret - age bias

Source: Sarah McBride, Reuters

When Randy Adams, 60, was looking for a chief-executive officer job in Silicon Valley last year, he got turned down from position after position that he thought he was going to nail -- only to see much younger, less-experienced men win out.

November 30, 2012

Walmart's poor labor record

Source: John Logan, SF Gate

For decades, Walmart has intimidated employees who try to speak up against low wages and poor conditions.

In Drive to Unionize, Fast-Food Workers Walk Off the Job

Source: Steven Greenhouse, New York Times

After three years of working at the McDonald's restaurant on 51st Street and Broadway, Alterique Hall earns $8 an hour -- and is yearning for something better.

Language conflicts trend higher in workplace

Source: Paul Foy , Mercury News

More people in the workforce are claiming discrimination over their English-speaking ability or foreign accents, leading the federal government to issue guidelines to employers on when they can enforce English-only rules, federal officials said Thursday.

November 29, 2012

President signs whistle-blower bill for US workers

Source: AP, Daily Herald

President Barack Obama signed legislation Tuesday that affords greater protection to federal employees who expose fraud, waste and abuse in government operations.

ADAAA could soon protect pregnant workers

Source: Mary Swanton , Inside Counsel

Add pregnant women to the list of employees with conditions that may qualify for workplace accommodations.

Editorial: Harassment in the Workplace

Source: Editorial, New York Times

The Supreme Court this week heard the case of Maetta Vance, who, for many years, worked for the catering department of Ball State University, often as the only African-American in its dining services.

November 28, 2012

Supreme Court To Look At Who Is A 'Supervisor' In Harassment Cases

Source: Nina Tottenberg , NPR

The U.S. Supreme Court this week takes up the question of who qualifies as a supervisor when the issue is harassment in the workplace. The court's answer to that question could significantly restrict employer liability in racial and sexual harassment cases, or, in the view of some business organizations, it could result in frivolous litigation.

Gender pay gap is eroding, especially among younger women, US data show

Source: Amanda Paulson, Christian Science Monitor

Women are slowly making inroads in the gender pay gap. Recent Bureau of Labor Statistics data for full-time workers show women earn 82 percent as much as men, up from 64 percent in 1980.

Dealing with Complex Gender-Discrimination Issues in the Workplace

Source: Timothy Long and Lauri Damrell , Law.com

For the first time in history, women are half of all U.S. workers, and mothers are the primary or co-bread winners in nearly two-thirds of American families

November 27, 2012

Fairness needed for pregnant workers

Source: Arjun Sethi , CNN

Peggy Young just wanted to support her family. As an employee at United Parcel Services, she delivered letters and packages, a job that sometimes required heavy lifting. When she became pregnant, she asked for a lighter assignment. UPS denied the request

Who's the Boss? High Court to Define 'Supervisor'

Source: Lauren Weber , Wall Street Journal

Is a supervisor the person who hires and fires employees, or it anyone who oversees other people's work?

Silicon Valley's dirty secret: Age bias

Source: Sarah McBride, Mercury News

When Randy Adams, 60, was looking for a chief-executive officer job in Silicon Valley last year, he got turned down from position after position that he thought he was going to nail -- only to see much younger, less-experienced men win out.

November 26, 2012

State bill seeks to bar job discrimination against communists

Source: Ed Vogel, Las Vegas Review Journal

At a time when right-wing politicians are crying about the rise of socialism in America, the Nevada Legislature is moving in the opposite direction: It is poised to prohibit job discrimination against communists.

Anti-Discrimination Laws May Now Apply to Violence Victims

Source: Kristen B Frasch, Human Resource Executive

An Equal Employment Opportunity Commission fact sheet says employers can now be liable for discrimination by showing bias against applicants and employees who experience domestic or sexual violence.

The Debate Behind Disability Hiring

Source: Sara Cann, Fast Company

A proposed rule would force businesses to hire disabled workers. Why is that making companies with existing disability programs uneasy?

November 21, 2012

Feds Release Long-Awaited Obamacare Health Law Rules For Employers

Source: Kaiser Health News, TLNT

Long-awaited details on how insurers can structure health benefits and premiums for policies that will cover tens of millions of Americans starting in 2014 were released by the Obama Administration Tuesday.

NLRB still investigating Wal-Mart dispute

Source: Associated Press , Daily Herald

Federal labor officials said Tuesday they don't expect to decide before Thursday on whether to seek an injunction on behalf of Wal-Mart Stores Inc. to stop a union-backed group from encouraging worker walk-outs that are expected to culminate Friday.

Twinkies' demise proves the stupidity of U.S. labor relations

Source: David Horsey , LA Times

The Great American Twinkie Crisis illuminates what is wrong with the relationship between management and labor in this country.

November 20, 2012

Why Wal-Mart workers are striking on Black Friday

Source: Emily Jane Foxx, CNN

The stage has been set for a battle between a group of Wal-Mart (WMT, Fortune 500) workers and the retailer on Black Friday.

EEOC Releases Performance and Accountability Report Under New Strategic Plan

Source: Press Release, EEOC

Performance Now Measured Against Three Strategic Objectives; Past Fiscal Year Saw Record Reduction in Charge Inventory and Monetary Recovery in Administrative Process

November 19, 2012

First Impression Case: Fifth Circuit Rules on Ministerial Exception to Employment Discrimination Law

Source: CDK Lawyers, Justice News Flash

The Fifth Circuit Court of Appeals recently affirmed the dismissal of an employment discrimination lawsuit because it found that the ministerial exception applied.

Wal-Mart Workers' Black Friday Strike

Source: Elizabeth Dwoskin , Business Week

America's biggest retailer may be in for an unexpectedly painful holiday season.

Beware the Outdated Form: Updating Older Non-Compete Agreements

Source: Linda K. Stevens , TLNT

Non-compete covenants appear in an increasing number of employment-related contracts.

Supreme Court to Review FLSA Case That Could Limit Employee Remedies

Source: Emily Pantoja , Labour Law Forum

The Supreme Court recently granted cert to review a case that could have an impact on future class action cases and remedies for employees under the Fair Labor Standards Act (FLSA).

Protests Backed by Union Get Wal-Mart's Attention

Source: Steven Greenhouse, New York Times

For years, Wal-Mart has fended off repeated efforts by unions and their supporters to organize its workers. Now, that battle is once again escalating.

November 16, 2012

Sparks Steak House to Pay $600,000 to Settle EEOC Class Male-On-Male Sexual Harassment Suit

Source: Press Release, EEOC

Famed Restaurant Failed to Stop Manager's Abuse of 22 Male Waiters, Retaliated Against Employees for Complaining, Federal Agency Says.

The 7 Ways Organizations Justify Bullying in The Workplace

Source: Ron Thomas , TLNT

The potential for individuals within organizations to behave unethically is limitless.

U.S. workers endure 'lost decade' of declining wages [Article no longer available]

Source: Kevin G. Hall , Kansas Star

Since 2002, in fact, it's effectively been a lost decade for workers.

November 15, 2012

Washington: Foreign Students Will Get Back Pay for Factory Work

Source: Steven Greenhouse, New York Times

The Labor Department reached a settlement on Wednesday that recovers $213,000 in back wages for 1,028 foreign students who were summer employees in what many said were abusive conditions at a factory in Palmyra, Pa., that packed Hershey's chocolates.

November 14, 2012

8 Ways Employers Can Discriminate Against Workers -- Legally

Source: Donna Ballman , Aol

I talk lots about illegal discrimination, but there are many forms of employment discrimination that are perfectly legal. Here are some of the types of discrimination that may be legal if they happen to you:

Employers' Duties When Injury Affects Ability to Perform Discussed

Source: Kevin P. McGowan , Bloomberg

The Americans with Disabilities Act is an "inadvertent leave law".

November 13, 2012

Getting Paid in the Wake of Superstorm Sandy

Source: Michele Bowman , Lawyers.com

Hurricane Sandy not only damaged the lives of many people in the Northeast; it also wreaked havoc with their jobs.

The Gender Pay Gap and the Paycheck Fairness Act

Source: Angela Bouliakis, AU Labor & Employment Law Forum

Currently, federal law prohibiting job discrimination includes: Title VII of the Civil Rights Act of 1964,which prohibits employment discrimination based on race, color, religion, sex, or national origin and the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

The Role of Supervisors in Employment Discrimination

Source: Leah Argentieri , Jurist

Today, a woman may find herself in a situation where she was fired based on gender but has no legal remedy for this discrimination.

First Impression Case: Fifth Circuit Rules on Ministerial Exception to Employment Discrimination Law

Source: Kenneth A Claus, Justice News Flash

The Fifth Circuit Court of Appeals recently affirmed the dismissal of an employment discrimination lawsuit because it found that the ministerial exception applied. This exception bars employment discrimination lawsuits brought by ministers against their churches.

November 12, 2012

Gay rights measure faces a Nebraska city council [Article no longer available]

Source: The Grand Island Independent , San Francisco Chronicle

The Grand Island City Council has been asked to bar from city employment policies any discrimination based on sexual orientation.

NLRB Judge finds 24 Hour Fitness arbitration clause violates federal labor law

Source: Office of Public Affairs , NLRB

An NLRB Administrative Law Judge has issued a decision finding that 24 Hour Fitness USA, Inc. maintained and enforced an unlawful arbitration policy that required employees to give up their federally protected rights to take concerted action.

November 9, 2012

Following election, some workplace restrictions loosened

Source: Eric Yoder, Washington Post

With the election over, federal employees now may freely wear clothing or buttons in the workplace showing the candidates and may display pictures of them, but such items advocating for or against political parties or partisan political groups remain banned.

The 2012 Election and the Fate of State Labor Law Initiatives

Source: Joe Slater , Workplace Prof Blog

As referenced in my last post, the future development of labor and employment law in the United States is not limited to a consideration of federal judicial, legislative, and regulatory developments. Additionally, state and local laws and initiatives also play a very important role in setting up the rules of the game in the workplace.

Memo to Media: Most Working Women Are Put in a Bind, Not a Binder -- Problem May Be Men Full of Blinders

Source: Beverly Wettenstein, Huffington Post

Women voters are considered key to the election results. Neither party has a lock on the outcome in one of the tightest races in history.

November 8, 2012

Work Advice: The difference between internships and free-labor scams

Source: Karla L. Miller, Washington Post

Reader: My daughter recently graduated from an acclaimed eastern college. She has sent out many résumés for internships with no response. I've noticed the requirements listed on many of these internships include previous work experience and technical training. These descriptions are identical to real job requirements, yet the internships rarely pay. It's clear to me these places want free labor, and they're very selective.

NLRB more aggressive in protecting employee activities at union and non-union companies

Source: Marc Bloch , Crain's Cleveland

If you're a non-union employer, you might be shocked to discover that you, too, are subject to the restrictions and policies covered under the National Labor Relations Act (NLRA).

Looking Back at Obama's Term in Employment Law

Source: Philip M. Berkowitz, Law.com

What impact did President Barack Obama's positions on employment and labor law have on his reelection?

November 7, 2012

Labor Unions Deliver For Obama With Post-Citizens United Ground Game

Source: Dave Jamieson , Huffington Post

For a labor movement that's found itself on its heels for much of the past two years, President Barack Obama's decisive victory in Tuesday's election proved that unions' political ground game may be as potent as ever in the new age of super PACs.

EEOC issues domestic violence guidance

Source: Cathleen Flahardy , Inside Counsel

Last month, the Equal Employment Opportunity Commission (EEOC) issued a series of questions and answers to employers in an effort to reiterate its commitment to justice for vulnerable individuals.

Goldman urges court to require arbitration in gender bias case

Source: Nate Raymond , Chicago Tribune

A lawyer for Goldman Sachs urged a U.S. appeals court Wednesday to send a former employee's gender discrimination dispute to arbitration rather than allow her to proceed with a proposed class action.

November 6, 2012

Eveleth police lieutenant suing city for age discrimination

Source: Mark Stodghill , Duluth News Tribune

The second-highest-ranking member of the Eveleth Police Department is suing the Iron Range city, claiming he was more qualified than the officer chosen as police chief and that he was passed over because of his age.

Discrimination Lawsuit Against Catholic Church Becomes Question of "Ministerial Exception

Source: Human Resources Journal

The Music Director for St. John Neumann Catholic Church in Austin, TX, was fired. He sued, claiming violations of the ADEA (Age Discrimination in Employment Act) and ADA (Americans with Disabilities Act), but the case was ultimately decided based on whether or not the church was entitled to the ministerial exception.

Supreme Court split on class action cases

Source: Greg Stohr , Philly.com

Two class-action disputes divided the U.S. Supreme Court on Monday as companies looked to build on the victory won last year when the justices threw out a nationwide sex-bias suit against Wal-Mart Stores Inc.

November 5, 2012

Social media takes workplace harassment to new levels

Source: Joan Farrell , HR.BLR.com

As if employers didn't have enough trouble preventing harassment in the workplace, now employees have newer, faster, more subtle ways to send and receive offensive comments, photos, and videos.

Paid sick days: Portland shouldn't rush to approve a new mandate

Source: Susan Nielson , The Oregonian

Portland's neighbors to the north and south -- Seattle and San Francisco -- require most employers to offer paid sick time to their employees

Federal workplace collections for Hurricane Sandy victims allowed

Source: Eric Yoder, Washington Post

Federal agencies have been told they may solicit contributions from federal workers for victims of Hurricane Sandy outside the government's normal charity drive.

October 31, 2012

EEOC Provides Guidance on the Application of Employment Discrimination Laws to Instances of Domestic Violence, Stalking

Source: Ilyse Schuman, DC Employment Law

The Equal Employment Opportunity Commission has released a question and answer fact sheet that appears to extend Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to protect employees or applicants who have experienced domestic or dating violence, sexual assault, or stalking outside of the workplace.

Inside HR: Jessica Miller-Merrell on How Social Media and Mobile Are Changing HR

Source: Jessica Miller , Monster Thinking

Human resources professionals are finally beginning to understand social media, mobile technology and the effect they are having on employees and the workplace, Jessica Miller-Merrill of Xceptional HR told Monster at the Society for Human Resource Management's 2012 conference in Atlanta.

Workplace bullying is all too real, victims say

Source: Greg Dawson, Orlando Sentinel

Laura Dunavent's voice still quavers when she recalls the darkest chapter of her life.

October 30, 2012

A Growing Focus on Pregnancy Discrimination

Source: Kecia Bal , Human Resource Executive

While a patchwork of federal laws already prohibit discrimination against employees affected by pregnancy or childbirth, recent Equal Employment Opportunity Commission lawsuits, as well as its recently announced enforcement plan, show a growing focus on defending mothers' rights in the workplace

Straight Allies Advocate for LGBT Equality in the Workplace [Article no longer available]

Source: Harris Interactive , Sacramento Bee

Straight allies, in large numbers, flex their support for lesbian, gay, bisexual and transgender (LGBT) coworkers, according to the 2012 Out & Equal Workplace Survey.

3 Myths about Severance Pay

Source: Blogging4Jobs, Mike Haberman

I get occasional calls from clients asking me about severance pay. What is required? What is customary?

October 29, 2012

Starbucks Sued by Baristas, Managers over Tip-Sharing

Source: Michele Bowman , Lawyers.com

Should Starbucks baristas have to share their tips with their shift supervisors?

Presidential Election's Impact on HR and Employment Law

Source: The Proactive Employer

But have you thought about where the candidates stand on issues related to human resources and employment law?

Many American workplaces are becoming more segregated

Source: Kevin Stainback and Donald Tomaskovic-Devey, Washington Post

Earlier this month, the Supreme Court heard oral arguments on an affirmative action.

October 26, 2012

Walmart Worker Wins $1.5 Million for Verbal Abuse by Boss

Source: Sylvia Hsieh, Lawyers.com

As Walmart employees stage their first retail-worker strike across the country, a 42-year-old former assistant manager has won a $1.5 million lawsuit for being mistreated by a store manager.

Wynn Employee Voter Guide Pressures Workers To Vote Right

Source: Christina Wilkie, Nate Hindman , Huffington Post

Wynn Resorts, the third-largest casino operator in the U.S., recently mailed a "2012 General Election Voter Guide" to its 12,000 employees in Nevada

Why Your Company's Social Media Policy May Be Illegal Part II - But Employees Can be Fired for Facebook Posts

Source: Pedram Tabibi , LIBN

The value of a good social media policy for a company cannot be overstated.

October 25, 2012

Red Lobster Short-Changes Servers to Avoid Obamacare

Source: Michele Bowman , Lawyers.com

Sticking it to waiters and waitresses who are already underpaid and overworked is turning out to be business as usual for Darden Restaurants Inc., which owns Olive Garden and Red Lobster.

Young women can tackle pay issue head-on [Article no longer available]

Source: Diane Stafford , Kansas Star

This is a must read for women graduating from college:

Don't assume your first pay offer will be the same as what a similar male graduate will get.

Women Must Stand Up for Themselves in the Workplace

Source: Helen Drinan , Huffington Post

By this time each fall, our campus is in full swing with students and faculty rushing to and from classes, meetings, and all the various activities.

October 24, 2012

Closing The Gender Wage Gap Would Create 'Huge' Economic Stimulus, Economists Say

Source: Laura Bassett, Huffington Post

Closing The Gender Wage Gap Would Create 'Huge' Economic Stimulus, Economists Say

What Do DOMA Decisions Mean for Employment Law?

Source: Stephanie Francis Ward , Huffington Post

As courts strike down laws that ban same-sex marriage, lawyers wonder if employers will change benefits to be more inclusive for lesbian and gay employees, reports Corporate Counsel.

NLRB Law Update - Recent NLRB Decisions That Affect The Non-Union Workplace

Source: James Hays & Rebecca Hirschklau , Metropolitan Corporate Counsel

Within the past year, the National Labor Relations Board ("NLRB" or the "Board") has taken action restricting normative and commonly found personnel policies of non-union employers.

October 23, 2012

EEOC Wins Summary Judgment on Liability in Baltimore County Pension Case

Source: Press Release, EEOC

Pension Plan Found to Be Discriminatory on the Basis of Age.

The Uncomfortable Truth About American Wages

Source: Michael Greenstone & Adam Looney, New York Times

Job creation has rightly been the central economic issue of the last three years as the United States continues its recovery.

Wal-Mart faces wage lawsuit as walkout threat looms

Source: Dan Levine and Jessica Wohl, Chicago Tribune

A new lawsuit accused Wal-Mart Stores Inc and two staffing agencies of requiring temporary employees to show up early for work, stay late, and work through lunch at the world's largest retailer.

October 19, 2012

Supreme Court to Hear Title VII, Class-Action Cases in 2012-13 Term

Source: Matthew Heller , Workforce

As Littler Mendelson's Garry Mathiason says, 'There are always some surprises from the Supreme Court.'

Walmart Strikes Spread Nationwide

Source: Aaron Kase, Lawyers.com

What started as isolated walkouts in California by employees of retail giant Walmart has spread to cities across the nation, as workers fight for better working conditions and the right to organize.

Lost wages: What records does your union need to keep; what policies should you develop?

Source: John Lund, Department of Labor

Suppose you've just been audited by Office of Labor-Management Standards and your closing letter says your local union "did not retain adequate documentation for lost wage reimbursement payments to the Treasurer and Vice President totaling at least 53 times."

October 18, 2012

A Court Ruling About Workplace Conduct That Will Blow Your Mind

Source: Eric B. Meyer , TLNT

Take a few minutes to read this court decision. It will blow your mind.

BellSouth Telecommunications to Pay $120,000 to Settle EEOC Sexual Harassment / Retaliation Suit

Source: Press Release, EEOC

Telecom Giant Retaliated Against Women for Complaining About Sexual Harassment by Manager, Federal Agency Charged.

Wage gap? Gender gap? Answers from Obama and Romney fall through the cracks

Source: Mary McNamara , LA Times

During the second presidential debate, the candidates dance around a question about workplace inequalities and fail to connect with a key constituency.

October 16, 2012

Ignorance is not bliss when it comes to federal employment laws [Article no longer available]

Source: Ann Bowden-Hollis, Sun Herald

Growing businesses frequently become subject to a variety of federal employment laws because of increasing the number of employees "on the payroll."

Labor: An employee's Facebook pictures rightly cost him his job

Source: John Kuenstler , Inside Counsel

Employers might "like" this: The National Labor Relations Board (NLRB) recently ruled on its first social media termination case, finding in favor of the employer.

'Old White Man' Wins $1.8 Million for Job Discrimination

Source: Sylvia Hsieh, Lawyers.com

A former Wisconsin state official won $1.8 million, claiming his boss transferred him to a job 110 miles from his home in order rid the agency of "old white men" and for supporting another worker's discrimination complaint.

October 15, 2012

US Department of Labor launches virtual Workplace Flexibility Toolkit during National Disability Employment Awareness Month

Source: News Release , US Department of Labor

The U.S. Department of Labor has launched its online Workplace Flexibility Toolkit to provide employees, job seekers, employers, policymakers and researchers with information, resources and a unique approach to workplace flexibility.

Court Orders AA Foundries to Take Extensive Measures to Prevent Racial Harassment

Source: Press Release, EEOC

EEOC Sued After Superintendent Frequently Used Racially Derogatory Terms, Hanging Noose Found at Worksite; Order Follows Jury Verdict of $200,000

Walmart Strike Memo Reveals Confidential Management Plans

Source: Alice Hines , Huffington Post

Walmart launched a large-scale response this week to a series of unprecedented labor strikes, according to a confidential document obtained by The Huffington Post

October 12, 2012

Memphis includes gays under anti-discrimination

Source: The Commercial Appeal , News Channel 9

The Memphis City Council has included sexual orientation and gender identity in an ordinance that bans discrimination in city hiring.

Darden tests limiting worker hours as health-care changes loom

Source: Sandra Pedicini, Orlando Sentinel

In an experiment apparently aimed at keeping down the cost of health-care reform, Orlando-based Darden Restaurants has stopped offering full-time schedules to many hourly workers in at least a few Olive Gardens, Red Lobsters and LongHorn Steakhouses.

Obesity is Now Considered a Workplace Disability

Source: Lawyers.com

Under the original Americans with Disabilities Act (ADA), obesity was considered a disability only when it was due to an underlying physiological disorder, like diabetes or a thyroid condition. Otherwise, obesity was considered a lifestyle choice.

October 11, 2012

Unmasking a Pretext for Res Ipsa Loquitur: A Proposal to Let Employment Discrimination Speak for Itself

Source: William R. Corbett , SSRN

Unmasking a Pretext for Res Ipsa Loquitur: A Proposal to Let Employment Discrimination Speak for Itself

Wendy's Franchisee to Pay $41,500 to Settle EEOC Disability Discrimination Suit

Source: Press Release, EEOC

Killeen Fast-Food Restaurant Refused to Hire Hearing-Impaired Applicant Despite His Qualifications, Federal Agency Charged

Work Advice: Fighting salary discrimination

Source: Karla L Miller , Washington Post

Reader: My company has a policy that, after so many years, your salary should be at mid-level on its salary charts

October 10, 2012

Private emails cost fire captain his job

Source: Nina Culver , Spokesman Review

The Spokane Valley Fire Department on Monday fired a captain who continued to send religious emails from his department email account despite numerous orders to stop.

California vetoes Domestic Workers Bill of Rights

Source: AU Law Forum , American University

During an eleventh hour vote, California governor Jerry Brown vetoed legislation which would have protected approximately 200,000 domestic workers in California by providing for overtime.

High court to hear biggest race case in six years

Source: Tom Curry , NBC

On Wednesday morning the United States Supreme Court hears oral arguments in the most important civil rights case to come before the justices in the past six years: a challenge to the use of race as a factor in admissions at the University of Texas.

October 9, 2012

Title IX complicates employee dispute case

Source: Cynthia Hua, Yale Daily News

The Title IX retaliation suit filed Friday afternoon by employee Susan Burhans is a common reaction to employment disputes, according to attorneys in the field.

For Judge in Firefighter Discrimination Case, an Evolving Opinion

Source: Mosi Secret, New York Times

One after another, nearly 150 white firefighters approached a lectern facing a federal judge and, voices sometimes trembling with anger, decried what they called a perversion of justice.

Age Discrimination: Older Workers Worry About Hiring Bias

Source: Ann Brenoff , Huffington Post

In the first 919 days that Jim Pawlak was out of work, he sent out 908 resumes and was called for fewer than 50 interviews.

October 5, 2012

EEOC: WSSU racially discriminated against white former employee

Source: Michael Hewlett , Winston Salem Journal

A white former employee of Winston-Salem State University, a historically black university, was a victim of racial discrimination when she was terminated, according to a ruling by the Equal Employment Opportunity Commission.

Union County bank violates anti-discrimination laws, former exec says

Source: Ed Beeson , The Star Ledger

By today's standards, a small bank headquartered in Elizabeth gives its workers plum benefits: free health insurance, good salaries and a pension to which they don't have to contribute a dime.

WORKPLACE: Facebook decision goes against employee

Source: Jack Katzanek , Press Enterprise

The question about what an employee can post about her or his boss on a personal Facebook page remains a complicated one.

October 4, 2012

Female Walmart ex-employees file federal discrimination suit over promotions

Source: Jane Musgrave, Palm Beach Post

When Boca Raton resident Christina Going asked her boss at Walmart what she could do to snare a higher-paying position, the answer sounded like it was designed to give her ammunition for a discrimination lawsuit.

Hampton Inn Franchise to Pay $85K to Settle EEOC Race and National Origin Bias Suit

Source: Press Release, EEOC

Franchise Fired White and Non-Hispanic Workers Because of Negative Stereotypes, Federal Agency Charged.

Payroll Tax Cut Is Unlikely to Survive Into Next Year

Source: Annie Lowrie, New York Times

Regardless of who wins the presidential election in November or what compromises Congress strikes in the lame-duck session to keep the economy from automatic tax increases and spending cuts, 160 million American wage earners will probably see their tax bills jump after Jan. 1.

October 3, 2012

Hiring based on appearance can lead to discrimination claim

Source: Katherine Loehrke, FLD Reporter

The U.S. Equal Employment Opportunity Commission (EEOC) recently began an investigation of a Massachusetts-based coffee chain's alleged practice of hiring only attractive women.

Employee Rights To Fight Workplace Abuse Raised In 2 Supreme Court Cases

Source: Christina Wilkie, Huffington Post

The Supreme Court, in the term that began Monday, will rule on at least two disputes that could have a major impact on how employees fight alleged mistreatment by their employers.

Pao Says Kleiner Perkins Fired Her; Firm Denies It

Source: Nicole Perlroth, New York Times

Ellen Pao, the venture capitalist who sued Kleiner Perkins Caufield & Byers for discrimination and retaliation last May.

October 2, 2012

Challenging Offensive Language in the Office

Source: Steven Petrow, New York Times

A couple of weeks ago, I was having lunch with some of my department colleagues when one of them told a "joke" that, while not blatantly homophobic, was certainly gay-unfriendly and not at all funny.

California Is Latest Stage for Election Battle Over Unions

Source: Adam Nagourney , New York Times

The battle to curb labor's political clout has moved from Wisconsin to California, where wealthy conservatives are championing a ballot measure that would bar unions from donating to candidates.

Woman Sues Over Personality Test Job Rejection [Article no longer available]

Source: Abby Ellin , ABC

More companies are turning to pre-employment personality tests.

October 1, 2012

St. Alexius Medical Center's Failure to Accommodate Employee with Cognitive Disability Draws EEOC Disability Lawsuit

Source: Press Release, EEOC

Federal Agency Says Hospital Could Have Accommodated Employee Instead of Firing Her

Pregnancy Discrimination In The Workplace Target Of New EEOC Crackdown

Source: Christina Wilkie, Huffington Post

During the past week, the Equal Employment Opportunity Commission (EEOC) has filed four pregnancy discrimination related lawsuits and settled a fifth.

September 28, 2012

3 Tips for Job-Seeking Boomers Hoping to Combat Age Discrimination

Source: U.S. News & World Report , Huffington Post

Recently, the research and consulting firm Millennial Branding firm teamed up with the career networking site Beyond.com to survey more than 5,000 job seekers about their job search.

September 27, 2012

Wisconsin Judge Restores Stripped Worker Rights

Source: Aaron Kase, Lawyers.com

A judge in Wisconsin has restored collective bargaining rights to Wisconsin's public sector employees, ruling that a law signed by Gov. Scott Walker last year limiting union power is unconstitutional.

Women face host of obstacles to retirement

Source: Christine Dugas, USA Today

When Jeanne Majors, 63, took an early retirement in December 2005, she assumed that she would pick up a part-time job and be in good financial shape. She didn't know that her future would quickly fall apart.

Senate Republicans Challenge Obama's Recess Appointments

Source: Ashley Southall , New York Times

Senate Republicans have filed a friend-of-the-court brief challenging President Obama's appointments to the National Labor Relations Board, reigniting a confrontation over presidential power.

September 26, 2012

EEOC Teaching Teens About their Workplace Rights

Source: Kristen Frasch, Human Resource Executive

In what appears to be a continuation of its revved up enforcement of - and attention to - workers' rights, the U.S. Equal Employment Opportunity Commission has taken another employee group under its wing: teenagers.

Scully Distribution to Pay $630,000 to Settle EEOC Class Action Race Discrimination Suit

Source: Press Release, EEOC

Scully Distribution to Pay $630,000 to Settle EEOC Class Action Race Discrimination Suit

Federal panel hears arguments in Wis. union case [Article no longer available]

Source: AP, CBS News

A federal appeals court in Chicago heard arguments Monday on the constitutionality of Wisconsin's law restricting collective bargaining by public employees -- one of several related appeals working their way through the courts.

September 25, 2012

NJ pays millions in sex harassment cases

Source: AP , NECN

Soon after joining New Jersey's corrections officer academy, Gina Marie DiPasquale was taken aback by what she saw as blatant harassment of female trainees.

Job-Hunting with a Criminal Record

Source: Lawyers.com

There are 65 million adults in the United States with a record of arrest or conviction that can interfere with their ability to find and keep a job.

As More Companies Recruit with Pre-Employment Tests, Questions of Bias Percolate

Source: Molly McDonough , ABA Journal

Companies are increasingly relying on pre-employment testing to find the employees with the right fit for the job. But as the testing becomes more common, so are complaints about bias and possible risk to employers.

September 24, 2012

3 Tips for Job-Seeking Boomers Hoping to Combat Age Discrimination

Source: Ritika Trikha , US News & World Report

Recently, the research and consulting firm Millennial Branding firm teamed up with the career networking site Beyond.com to survey more than 5,000 job seekers about their job search. And they found that Baby Boomers--folks in their late forties to sixties--are having the toughest time finding jobs compared to other generations.

NJ Transit settles discrimination suit with police [Article no longer available]

Source: AP, Sacramento Bee

New Jersey Transit has agreed to pay 10 police officers $5.8 million to settle a discrimination lawsuit.

Chemcore to Pay $30,000 to Settle EEOC Pregnancy Discrimination Suit

Source: Press Release, EEOC

Wholesale Supplier Fired Employee Hours After She Reported Pregnancy, Agency Charged

September 21, 2012

Judge denies Home Depot's demand for worker's emotion-laden Facebook posts

Source: Lisa Vaas , Naked Security

A federal California judge has ruled that Home Depot can't rummage through a former worker's Facebook, Twitter, LinkedIn, or other social media posts and pictures to prove that she lied about emotional distress caused by her employer's alleged wrongdoing.

EEOC's Youth@Work Outreach Campaign

Source: Gabrielle Erway , The Proactive Employer

While the EEOC works diligently to enforce laws prohibiting employment discrimination, the agency also believes strongly in preventing such issues from arising in the first place and sees education as the first line of defense.

W. Sac firm refused to let woman return to work after maternity leave, feds allege

Source: Denny Walsh , Sacramento Bee

A federal agency is accusing a West Sacramento security services firm of unlawfully refusing to allow a security officer to return to work after maternity leave.

September 20, 2012

Intellectually Disabled Workers Awarded $1.3M for Pay Discrimination by Henry's Turkey Service

Source: Press Release , EEOC

Further Proceedings on Disability-Based Abuse and Harassment Allegations Lie Ahead.

Ohio franchisee who runs Pa. Panera stores agrees to settle black worker's discrimination suit [Article no longer available]

Source: AP , Washington Post

An Ohio franchisee who runs several western Pennsylvania Panera Bread stores has agreed to pay more than $76,000 to settle discrimination claims by current and former black employees.

Jury awards fired worker back pay from RadioShack in age bias suit [Article no longer available]

Source: Sandra Baker , Star Telegram

A federal jury in Colorado awarded a Denver man $187,000 in back pay Tuesday after finding that Fort Worth-based RadioShack illegally fired him for filing an age discrimination complaint.

September 19, 2012

Sterling Savings Bank Sued for Alleged Labor Law Violations [Article no longer available]

Source: Rowdy Meeks Legal Group LLC , Sacramento Bee

Sterling Savings Bank systematically violated federal and state labor laws by denying overtime pay to mortgage loan officers and other mortgage origination employees, the Rowdy Meeks Legal Group LLC and Johnson Johnson Larson & Schaller, PC allege in a lawsuit filed in Oregon federal court.

Lawsuits over worker pay soar as economy struggles

Source: Sandra Pedicini , Orlando Sentinel

A recent lawsuit accusing Orlando-based Darden Restaurants of underpaying servers is one of a growing number of legal actions by workers who say their employers have shortchanged them.

Wisconsin Union Law Appeal: Attorney General J.B. Van Hollen Asks For Stay

Source: Scott Bauer, Huffington Post

Wisconsin's attorney general on Tuesday appealed a court ruling repealing major parts of Gov. Scott Walker's law effectively ending collective bargaining for most public workers.

September 18, 2012

Workers Standing Up for Their Rights in Record Numbers

Source: Michele Bowman , Lawyers.com

Record numbers of workers are standing up for their rights when it comes to being treated fairly on the job.

Age Discrimination Keeping Boomers From Employment

Source: Huffington Post

The Great Recession has dealt its fare share of setbacks, but some would argue boomers have been hit significantly harder than the rest of the nation, especially with news that older unemployed workers are less likely to get hired again.

Watchdog says NLRB general counsel violated ethics rules in Wal-Mart case [Article no longer available]

Source: AP , Washington Post

The top lawyer at the National Labor Relations Board violated federal ethics rules by helping investigate a case involving Wal-Mart Stores Inc. despite holding a financial interest in the company, the board's inspector general has found.

September 17, 2012

Filipino nurses win language discrimination settlement

Source: Ahn Do, Los Angeles Times

At $975,000, it's believed to be the largest language discrimination settlement in the U.S. healthcare industry. Officials at Delano Regional Medical Center say they did nothing wrong and settled only because it made financial sense.

Filterfresh Coffee Services Pays $90,000 to Settle EEOC Sex Discrimination Suit

Source: Press Release, EEOC

Federal Agency Charged Company Fired Female Employee but Provided Male Counterpart With More Opportunities

Note if worker drops ADA accommodations ball

Source: The HR Specialist , Business Management Daily

Employers and employees are supposed to engage in the interactive accommodations process once an employee indicates she may be disabled. If she doesn't cooperate, document it.

September 14, 2012

Amendment to New York Wage Deduction Statute Expands Allowable Deductions

Source: Workplace Resource Center , Jackson Lewis LLP

Expanding the scope of permissible deductions from wages under New York law, Governor Andrew Cuomo, on September 7, 2012, has signed legislation amending New York Labor Law §193.

Red Lobster: We Sea FLSA Differently

Source: Gabrielle Erway , The Proactive Employer

Employees of one of the nation's largest restaurant operators have filed suit against the company in federal court.

EEOC sues Leona's alleging unfulfilled settlement

Source: Mary Ellen Podmolick , Chicago Tribune

The Equal Employment Opportunity Commission filed a federal lawsuit Thursday against Leona's Pizzaria, Inc., alleging that the restaurant chain failed to abide by an agreement resolving employment discrimination claims.

September 13, 2012

Bojangles' to Pay over $30,000 to Settle EEOC Sex Harassment and Retaliation Lawsuit

Source: Press Release, EEOC

Greensboro Restaurant Fired Worker for Complaining About Abuse, Federal Agency Charged

Miles Kimball Company to Pay $95,000 To Settle EEOC Disability Discrimination Suit

Source: Press Release , EEOC

Deaf Employee Was Fired After Being Denied Interpreter, Federal Agency Charged

Compensating Your Employees Fairly: A Guide to Internal Pay Equity

Source: The Proactive Employer

I've been racking up the frequent flyer miles lately speaking about internal pay equity.

September 12, 2012

US Foods Settles EEOC Race Discrimination Suit for $165,000

Source: Press Release , EEOC

Food Service Distribution Company Fired Employee Due to Race, Federal Agency Charged

EEOC warns employers against enforcing confidentiality during workplace investigations

Source: Kristen Erinburg , Crain's Cleveland

Last week, my blog focused on the potential consequences of the National Labor Relations Board's (NLRB) recent decision prohibiting blanket confidentiality policies relative to workplace investigations.

September 11, 2012

California Civil Attorneys: New Labor Law Protects Big Worker Group [Article no longer available]

Source: Linda Garcia , US Politics Today

The new labor law provides workers with overtime pay, meal and rest periods, and uninterrupted sleep periods and compensation for interruptions.

Samsung accused of sexual discrimination at China plant

Source: Ryan Huang, ZD Net

The South Korean firm is facing allegations from a labor rights group that its hiring practices violated Chinese law, after it put up a recruitment poster for female workers without communicable diseases.

The EEOC Strategic Enforcement Plan Infographic

Source: Stephanie R. Thomas, PhD., The Proactive Employer

Here's the EEOC Strategic Enforcement Plan - in infographic form.

September 10, 2012

California Gov. Brown signs bill banning religious discrimination [Article no longer available]

Source: Stephen Magagnini , Sacramento Bee

Blue, green, saffron, red, pink and black turbans crowded around Gov. Jerry Brown on the north steps of the Capitol on Saturday when he signed two bills designed to battle anti-Sikh discrimination.

Appeals ruling revives ADA case against United

Source: Reuters , Chicago Tribune

A federal appeals court has revived an Equal Employment Opportunity Commission lawsuit against United Airlines Inc., and said U.S. law generally requires employers to reassign disabled workers to vacant jobs for which they are qualified.

Court Rules Employers Must Reassign Disabled Workers to Vacant Jobs

Source: Jonathan Stempal, Insurance Journal

A federal appeals court has revived an Equal Employment Opportunity Commission lawsuit against United Airlines Inc., and said U.S. law generally requires employers to reassign disabled workers to vacant jobs for which they are qualified.

September 7, 2012

Kauai County in Hawaii Settles EEOC Race Harassment Case for $120,000

Source: Press Release, EEOC

White County Attorney Subjected to Racially Disparaging Remarks by Top-Level Manager, Federal Agency Charged

NLRB Loses Court Challenge Over Secret Ballots

Source: Melanie Trotman , Wall Street Journal

A federal government agency lost its court challenge of an Arizona constitutional amendment that guarantees workers in the state can vote by secret ballot on whether to join a union.

Michigan high court allows pro-union measure on November ballot

Source: Reuters

Michigan voters may decide in November whether to enshrine a right to collective bargaining in the state's constitution, the Michigan Supreme Court ruled on Wednesday, in a victory for labor unions in the state that is home to major auto companies.

September 6, 2012

How Long is Too Long for a Medical Leave of Absence?

Source: John Hyman, Workforce

If you are granting a leave to an employee as an accommodation, your best defense to a potential ADA claim is to open a dialogue with the employee about a return date, and prepare to be flexible.

Arizona Wins Ruling in Labor Fight Over Union Ballots

Source: Karen Gullo, Bloomberg

Arizona defeated a U.S. government court challenge to a law requiring that union elections be held using a secret ballot as opposed to using the so-called card- check.

EEOC Draft Plan Prioritizes Employer Hiring Practices

Source: Jenna Greene, Law.com

Faced with a rising caseload and shrinking resources, the U.S. Equal Employment Opportunity Commission released a draft strategic enforcement plan that calls for bringing cases with the broadest possible impact and eliminating systemic barriers in recruitment and hiring.

September 5, 2012

EEOC Seeks Input on Strategic Enforcement Plan

Source: Press Release, EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) has released for public comment a draft of its Strategic Enforcement Plan (SEP)

Wells Fargo worker fired for fake dime files civil rights complaint

Source: AP, DeMoines Register

Richard Eggers, a 68-year-old call center worker fired for putting a cardboard cutout of a dime in a laundry machine in 1963, has filed state and federal civil rights complaints against his former employer, the firm that did his criminal background check, and federal banking regulators.

Christians Claim Workplace Discrimination in Landmark Case

Source: Harvey Morris, New York Times

One of Europe's highest courts is considering a landmark decision on the employment rights of Christians, including two British women who were disciplined for wearing crucifix necklaces at work.

September 4, 2012

6 challenges affecting the American worker

Source: John Gallagher, Katherine Yung, Zlati Meyer and Susan Tompor, USA Today

Labor Day means more than a chance to relax and eat hot dogs. It's also a time to reflect on the challenges facing the American worker.

EEOC Issues Notice of Proposed Rulemaking to Modify FOIA Regulations

Source: Press Release, EEOC

Changes Affect Certain FOIA Procedures

EEOC Lawyer Advises Careful Navigation of Issues in the Workplace

Source: Bulletin to Management, Bloomberg

Although it might not be obvious, he said, navigating issues that arise from social media use in the workplace involves EEOC-related topics and "can create an absolute legal mine field for employers."

August 31, 2012

Fry's Electronics to pay $2.3 million in sexual harassment case

Source: Tiffany Hsu, LA Times

Fry's settles a federal lawsuit alleging that the retailer retaliated against a supervisor who reported a sexual harassment claim.

New disclosures give workers a better look at 401(k) fees

Source: David Nicklaus, St. Louis Today

If you're like most 401(k) participants, you probably ignored the long disclosure document you got recently.

NLRB Rules on Keeping Employees From Discussing HR Investigations

Source: Catherine Dunn, Law.com

Companies may want to think twice about how they instruct employees to keep mum during internal HR investigations, following a recent ruling by the National Labor Relations Board.

August 30, 2012

California Social Media Privacy Bill Would Put New Restrictions On Employers (PHOTOS, VIDEO)

Source: Aaron Sankin , Huffington Post

Rule number one when applying for a job: lock down your Facebook

New Tennessee unemployment law makes changes helpful to employers

Source: Kara E. Shea, HR Hero

Tennessee's Unemployment Insurance Accountability Act, which takes effect September 1, amends the state's unemployment statute in ways helpful to employers.

Bill gives domestic workers union-style work rules

Source: Don Thompson, Mercury News

Nannies, housekeepers, childcare providers and caregivers in California would be eligible for overtime and meal breaks under a bill making its way through the Legislature.

August 29, 2012

Managing Mental Health at Work

Source: Melissa Korn , Wall Street Journal

John Binns, a partner in the consulting practice at U.K.-based Deloitte LLP, assumed his career "would be finished" after he took a two-month leave in 2007 to treat a severe bout of depression.

California workers' compensation bill faces difficulties

Source: Marc Lifsher, LA Times

Advocates for low-income injured workers and the attorneys who represent them are furiously rejecting a proposed overhaul of the state's complex, costly workers' compensation insurance system.

EEOC Obtains $2.75 Million from WRS Compass for Victims of Race Harassment at Clean-Up Site

Source: Press Release, EEOC

Federal Agency Said Company Subjected Black Workers to Nooses and Other Abuse; White Workers Who Associated With Blacks Were Also Harassed

August 28, 2012

ABCO West Electrical Will Pay $23,000 to Settle EEOC Disability Discrimination Lawsuit

Source: American University , American University Labor & Employment Law

Construction Company Fired and Then Refused to Rehire Amputee, Federal Agency Charged.

ABCO West Electrical Will Pay $23,000 to Settle EEOC Disability Discrimination Lawsuit

Source: Press Release, EEOC

Construction Company Fired and Then Refused to Rehire Amputee, Federal Agency Charged.

Court: Age discrimination unproven in Boeing sale

Source: Roxana Hegeman , Business Week

A federal appeals court ruled Monday that former employees of The Boeing Co. failed to demonstrate a pattern of age discrimination in the wake of the 2005 sale of its commercial aircraft business in Kansas and Oklahoma.

August 27, 2012

'Bitch' as Sexual Harassment: Context Matters (Sort of)

Source: John Hyman , Workforce

Common use, however, has not neutralized the word as a matter of law.

Labor Department Clarifies Compliance Rules For Internet Hiring

Source: John Zappe , TLNT

If your employer does business with the federal government, you already know -- or should know -- the rules about Internet hiring.

U.S. Court of Appeals for the Sixth Circuit upholds Board decision on pre-recognition agreements

Source: Office of Public Affairs , NLRB

In a decision issued Thursday, the U.S. Court of Appeals for the Sixth Circuit upheld a 2010 National Labor Relations Board ruling that an employer and union did not violate federal labor law by entering into an agreement establishing principles for bargaining if employees selected union representation.

August 24, 2012

Counseling as an ADA-Protected Medical Examination

Source: John Hyman , Workforce

If counseling qualifies as a covered medical exam, then employers, like WLAA, will have to rely on the statute's defense of job-relatedness and business necessity if an employee needs counseling.

Google's formula to retain women: Longer maternity leave

Source: Eve Tahmincioglu, Today

Many employers end up scratching their heads when women who are seemingly on the fast track to the corner office end up leaving their companies.

Burger King Sued For Discrimination After Allegedly Firing Pentecostal Christian For Wearing Skirt

Source: Meredith Bennett-Smith , Huffington Post

Burger King's motto might be "Have it your way," but the slogan's rhetorical generosity does not, apparently, apply to its employees.

August 23, 2012

Courts to NLRB: We don't care what you think about class action waivers

Source: Nate Raymond , Thompson Reuters

The National Labor Relations Board threw a wild card at employment lawyers in January when it held companies couldn't require workers to sign away their rights to bring collective actions.

Gay man sues Library of Congress, alleging discrimination

Source: Lisa Rein , Washington Post

Peter TerVeer was an up-and-coming auditor for the Library of Congress's inspector general's office.

California Social Media Privacy Bill Would Put New Restrictions On Employers

Source: Aaron Sankin , Huffington Post

Rule number one when applying for a job: lock down your Facebook profile's privacy settings.

August 22, 2012

EEOC taking longer to complete appeals, hearings, investigations

Source: Stephen Losey, Federal Times

Significantly more federal employees are taking their discrimination cases all the way to the appeals process.

7 Updates on NLRB and OFCCP Proposed Rules and Posters

Source: CAI, Workplace Insight

Make sure your company is complying with recent changes in employment regulations and up to date on the newest proposals from the National Labor Relations Board (NLRB) and the Office of Federal Contract Compliance Programs (OFCCP).

Official's Lawsuit Claims Discrimination Against Men at U.S. Immigration Agency

Source: Kirk Semple, New York Times

The lawsuit, filed by a top federal immigration official in New York, alleges that he was shunted out of a high-level position in the agency in favor of a less-qualified woman because he was a man.

August 21, 2012

For Some Women, Discrimination Prevents Return to Work

Source: Bryce Covert, The Nation

Women have yet to recover in the recovery.

Health care enrollment time tries workers

Source: Christine Dugas, USA Today

As the open-enrollment season for health benefits approaches, many workers will be making some bad choices, according to a new survey.

Judge Dismisses Whistle-Blower Suit Against Infosys

Source: Julia Preston , New York Times

A federal judge in Alabama on Monday dismissed a lawsuit by an American employee of Infosys, the giant Indian outsourcing company.

August 20, 2012

I refused a job transfer -- what now?

Source: Suzzane Lucas , CBS

I have been with my company for five years.

EEOC Warns Against Silencing Employees During Investigations

Source: Shannon Green , Law.com

A recent letter sent by a U.S. Equal Employment Opportunity Commission field office to an employer is giving some employment lawyers pause.

Some companies slash labor costs by flouting federal laws [Article no longer available]

Source: Mandy Locke , The Sacramento Bee

As a commercial masonry contractor, Doug Burton prides himself on being exact.

August 17, 2012

The Motherhood Penalty: We're in the Midst of a 'Mom-Cession'

Source: Bonnie Rochman, Time

Married mothers find it harder to secure a new job after being laid off and when they do, they earn less than married fathers.

US goes after employers on job bias

Source: Sam Hananel, News Leader

EEOC filing more class action lawsuits

Puyallup Truck Dealership Sued by EEOC for National Origin and Sexual Harassment

Source: Press Release, EEOC

A Puyallup, Wash., used-truck dealership violated federal law when its general manager engaged in ongoing harassment targeting a Filipino American male employee, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

August 16, 2012

The Supreme Court To Define Supervisor For Purposes of Title VII

Source: AU Law Forum , American University Labor & Employment Law

In a case that could have far reaching implications for employers, the Supreme Court has agreed to hear Vance v. Ball State University, a case in which the Court will define "supervisor" for purposes of determining an employer's liability for harassment under Title VII.

Solyndra agrees to pay $3.5 million in a settlement with its laid-off employees

Source: George Avalas, Mercury News

Solyndra has agreed to pay $3.5 million to settle claims that the bankrupt solar company failed to properly notify employees that it was halting operations.

EEOC and NLRB Tag Team Workplace Investigations

Source: Philip Miles, Lawffice Space

The EEOC's Buffalo office recently issued a letter condemning the practice of threatening employees with discipline for "discussing 'the matter.'"

August 15, 2012

When the Boss Is a Screamer

Source: Sue Shellenbarger , Wall Street Journal

Shouting Is Less Tolerated in the Workplace, but Nasty Emails and Other Ways of Venting Take a Toll

Combat Cattiness: 4 Tips To Downplay Drama And Foster Productivity

Source: Kelsey Mayer , Forbes

Drama in the workplace is extremely counterproductive. I've heard horror stories about coworkers instigating drama and bitterness in organizations.

Worker Wage-and-Hour Suits Rise in Difficult Labor Market

Source: Emily Grannis , Business Week

Lawsuits by U.S. workers contesting wages and hours, including demands for overtime pay, reached a 20-year high this year as unemployment remained above 8 percent.

August 14, 2012

Workplace Sexual Harassment and Negative Effects for All Employees: Harms Beyond Targets

Source: Dan Defoe, Psycholawgy

Sexual harassment in the workplace harms the targets of the mistreatment.

One more 'right': to join a union

Source: Opinion Contributor , Politico

President Franklin D. Roosevelt, in his final State of the Union Speech on Jan. 11, 1944, called on Congress to create a "Second Bill of Rights."

Muslim employee's suit accuses Disney of bias over head scarf

Source: Kate Mather , LA Times

Imane Boudlal charges that she was harassed after she began wearing a hijab in 2010 while working as a cafe hostess.

August 10, 2012

Accuracy in Criminal Background Checks

Source: Editorial , New York Times

For far too long, the federal government has neglected its responsibility for regulating the companies that provide criminal background checks used by 9 in 10 companies to screen job applicants.

Employers Brace for EEOC 'Red Zone' Lawsuits [Article no longer available]

Source: Andrew Lu, Reuters

It is August and we are now entering the "Red Zone" period for EEOC lawsuits against employers.

Janet Napolitano-run Homeland Security treated male staffers like lapdogs, federal discrimination lawsuit charge

Source: Joseph Straw , Reuven Blau and Rich Schapiro , New York Daily News

James Hayes Jr., who now is New York's top Homeland Security cop, claims Napolitano filled top spots in Washington, D.C., with two of her gal pals who were bent on tormenting male employees.

August 9, 2012

Should You Tell Your Employer About Your Side Job?

Source: Rebecca Thorman , US News & World Report

Low wages, pay freezes, and the threat of layoffs mean that for many employees a second job is a necessity. But does your employer agree?

Doctor's Dilemma: Medically Proving That Watching Pig Pornography Is Stressful

Source: Terrence McCoy, Houston Press

Doctor unveiling the link between sexual harassment in the workplace, and emotional distress.

Company learns hard way to take sexual harassment seriously

Source: Jane Ann Morrison, Las Vegas Review Journal

Prospect Airport Services didn't take it seriously when Rudolpho Lamas complained that a young female co-worker was sexually harassing him

August 7, 2012

Forced to resign: What are your options?

Source: Suzzane Lucas , CBS News

Dear Evil HR Lady, My employer asked me to resign.

Morningside House of Ellicott City to Pay $25,000 for Religious Discrimination

Source: Press Release, EEOC

EEOC Says Muslim Applicant Denied Hire Because of Hijab.

Thin Is In For Executive Women: How Weight Discrimination Contributes To The Glass Ceiling

Source: Lisa Quast, Forbes

http://www.forbes.com/sites/lisaquast/2012/08/06/thin-is-in-for-executive-women-as-weight-discrimination-contributes-to-glass-ceiling/

August 6, 2012

Make family leave affordable for parents

Source: Elen Bravo, Times Union

Nearly two decades ago, on Aug. 5, 1993, the United States took a stride forward by implementing the Family and Medical Leave Act. But we've got further to go.

How to handle partial-day absences under FMLA

Source: The HR Specialist , Business Management

Sometimes, an employee needs just a few hours of FMLA leave to make a doctor's appointment or to drive a relative to treatment.

Caldwell Freight Lines to Pay $120,000 to Settle EEOC Race Discrimination Lawsuit

Source: Press Release, EEOC

Freight Delivery Company Refused to Hire Blacks, Federal Agency Charged.

August 3, 2012

dELia's Will Pay $75,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Source: Press Release, EEOC

Retailer Harassed and Terminated Pregnant Employees, Federal Agency Charged.

EEOC Intake Form Is Sufficient Notice of Discrimination Claim

Source: David Gialanella, Law.com

Huntington Ingalls, Inc., the present owner of the shipyard in Newport News, Va., and its contractor Quality Coatings of Virginia, Inc. of Chesapeake, Va., will pay $80,000 to settle a lawsuit for retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Monday.

Temp Employees Removed From Ship After Reporting Sexual Harassment By Female Supervisor Against Men

Source: Anneline Waldman , The Job Mouse

Huntington Ingalls, Inc., the present owner of the shipyard in Newport News, Va., and its contractor Quality Coatings of Virginia, Inc. of Chesapeake, Va., will pay $80,000 to settle a lawsuit for retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Monday.

August 2, 2012

Members of Moreland Auto Group Pay $50,000 to Settle EEOC Lawsuit for Retaliation

Source: Press Release, EEOC

Former Employee to Receive Maximum Amount Allowed Based on Size of Employer.

Judge Declines to Reconsider Union-Organizing Rule

Source: Melanie Trottman , Wall Street Journal

The federal district judge who struck down a National Labor Relations Board rule that would have quickened union-organizing elections has denied the board's request that he reconsider the decision.

Now illegal for Illinois employers to ask for Facebook logins

Source: AP, Fox News

Seeking to guard the privacy rights of the social networking generation, Illinois is making it illegal for employers to ask job applicants for passwords to their online profiles.

August 1, 2012

Mary Bullock's Discrimination Lawsuit Against Anti-Discrimination Agency Most Ironic Lawsuit Ever?

Source: Huffington Post

You would think that the agency charged with protecting workers from discrimination would know a thing or two about how not to get sued for discrimination. Apparently not.

Restaurant associations take action on behalf of workforce [Article no longer available]

Source: NRA staff , Restaraunt.org

Restaurant industry trade associations have filed a lawsuit against the U.S. Department of Labor on behalf of restaurants and restaurant employees who share in tips and participate in tip pools.

NLRB Takes Aim At Employment-At-Will Clauses In Employee Handbooks

Source: American University , American University

As discussed in previous postings on this site, the National Labor Relations Board (NLRB) is devoting a significant amount of attention to "concerted activity" under Section 7 of the NLRA, and is aggressively working to expand the "concerted activity" definition.

July 31, 2012

2nd Circuit rebuffs challenge to Buffalo firefighter test

Source: West Law, Thompson Reuters

The city of Buffalo, New York, did not discriminate against African-Americans with the test it used to promote firefighters, a federal appeals court has ruled.

Twin span sexual harassment case overturned by federal appeals court

Source: Ramon Antonio Vargas, Nola.com

A federal appeals court has overturned a jury's decision last year to award hundreds of thousands of dollars in damages to a post-Katrina bridge repair worker who claimed his former crew superintendent at Boh Bros. Construction Co. sexually harassed him.

Unemployed Face Discrimination Just One Month After Losing Their Jobs, Report Says

Source: Arthur Delaney , Huffington Post

A new research paper suggests potential employers think less of unemployed job candidates no matter how briefly they've been out of work.

July 30, 2012

Chick-Fil-A Gay Flap A 'Wakeup Call' For Companies

Source: Elise Hu , NPR

Atlanta-based Chick-fil-A has long stood by its Bible-based roots, keeping stores closed on Sundays and donating millions to Christian causes.

Lettire Construction Agrees to Pay Back Wages for Workers

Source: Charles V. Bagli, New York Times

Nicholas Lettire has won awards and political support for building affordable housing in Harlem and the Bronx, and for employing local workers at his construction sites.

Court Grants EEOC Injunction Against Prospect Airport Services

Source: Press Release, EEOC

A federal judge has ordered Prospect Airport Services, Inc., a provider of wheelchair assistance services to airline passengers, to implement extensive measures to prevent sexual harassment, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

July 27, 2012

West Virginia High Court Affirms $2.1 Million Workplace Harassment Award

Source: Kevin D. Holden, Jackson Lewis LLP

A case from the Supreme Court of Appeals of West Virginia, the state's highest court, demonstrates clearly why investigations of employee complaints of co-worker misconduct must be handled promptly and with care and sensitivity to the aggrieved employee's legitimate concerns for retaliation by the accused.

Seventh Circuit Reaffirms that Use of Gender-Specific Term Does Not Automatically Constitute Harassment

Source: Amy Moor Gaylord, Josh Meeuwse and Melanie Stewart, Franczek Radelet

Last week, the U.S. Court of Appeals for the Seventh Circuit affirmed earlier decisions holding that the use of gender-specific terms (e.g., "bitch") in the workplace does not automatically constitute harassment.

Health Care Reform: Critical Next Steps for Employers [Article no longer available]

Source: Steven Friedman and Ilyse Schuman , TNLT

The U.S. Supreme Court's recent decision to uphold the Patient Protection and Affordable Care Act (ACA) presents employers with a number of immediate and critical decisions that they must take.

July 26, 2012

Seyfarth Shaw Study Shows Increase in Wage and Hour Labor Suits

Source: Blog of Legal Times

During the past five years there has been a steady increase in the number of lawsuits filed under the Fair Labor Standards Act, according to research by Seyfarth Shaw.

You Can Be Fired for Being Too Fat, But You Might Collect a Fat Settlement Check, Too

Source: Stacy Zaretsky , Above the Law

Back in September 2011, we mentioned to our readers via Morning Docket that Ronald Kratz II, a 680-pound man, had allegedly been fired because he was too fat.

For Temp Workers, 'Temp' Looking More Permanent

Source: Yuki Noguchi, NPR

While the job market remains sluggish, temporary work is one area that's done very well in the economic recovery.

July 25, 2012

Kids R Us Childcare Company Settles EEOC Pregnancy Bias and Retaliation Suit for $75,00

Source: Press Release, EEOC

After Disclosing Pregnancy, Employee Demoted and Forced to Quit And Relatives Fired, Federal Agency Charged.

Fired obese worker will get $55,000

Source: L.M. Sixel , Houston Chronicle

BAE Systems Tactical Vehicle Systems has agreed to pay $55,000 and provide six months of outplacement services to a morbidly obese employee it fired.

Women Need a Raise in the Minimum Wage

Source: Bryce Covert, Forbes.com

Today marks three years to the day since the last increase in the federal minimum wage.

July 24, 2012

A Year After Dukes, the Impact on Employment Law Still Shaking Out

Source: Meghin Delaney, Law.com

But as the decision reverberates across the country, there's still not a clear long-term impact of Dukes on U.S. labor and employment law.

On Wall St., Gender Bias Runs Deep

Source: Lusita Torregrossa , New York Times

No doubt feminists everywhere, especially in the United States, celebrated July 16 when a 37-year-old female Google executive became the multimillion-dollar chief executive of Yahoo, the high-tech pioneer that has been struggling against its rivals.

Women farm workers win sex harassment case [Article no longer available]

Source: Christina Vega, Miami Herald

DiMare Ruskin will pay a $150,000 EEOC settlement after women tomato-pickers filed complaints that they were sexually harassed.

July 23, 2012

Our Ridiculous Approach to Retirement

Source: Teresa Ghiarducci, New York Times

I WORK on retirement policy, so friends often want to talk about their own retirement plans and prospects.

Job records ordered for 'literacy' discrimination case

Source: Deborah Elkins, VA Lawyers Weekly

The EEOC can obtain five years' worth of job assignment records from a company that deploys as many as 45,000 temporary workers on a weekly basis.

Illegal Aliens Are Not A Protected Class Under Title VII

Source: AU Law Forum , Labour Law Forum

Title VII of the Civil Rights Act of 1964 clearly prohibits discrimination on the basis of race, color, religion, sex, or national origin.

July 20, 2012

U.S. Standards on Workplace Noise Trail Those of Other Countries

Source: Cara Buckley , New York Times

Noise levels recorded at nearly a dozen restaurants, gyms and bars in New York City reached heights that, if sustained over as little as two hours, would violate standards set by the Occupational Safety and Health Administration to protect workers' hearing.

Court Orders Hawaii HealthCare Professionals and Its Owner to Pay over $190,000 for Age Discrimination

Source: Press Release, EEOC

Owner Referred to Employee as a 'Bag of Bones,' Then Fired Her, Says EEOC.

Sexual harassment lawsuit roils Silicon Valley

Source: Ferrit Nirappal, Huffington Post

The Silicon Valley venture capital firm of Kleiner, Perkins, Caulfied & Byers has been generating buzz for decades, spotting early investment opportunities and making billions with companies like Google and Amazon.

July 18, 2012

Beware of latest EEOC restrictions: Criminal background checks valuable but can create employer liability

Source: Patricia F. Weisberg , Crain's Cleveland Business

Given the increased risks of hiring employees who have bad track records or who appear more likely to become a liability for employers because of a criminal history, criminal background checks have become necessary for many employers today.

DiMare Ruskin to Pay $150,000 and Furnish Nationwide Relief to Settle EEOC Sexual Harassment Lawsuit

Source: Press Release , EEOC

Consent Decree Settles Suit Against Tomato Grower Which Fired Women for Complaining About Abuse, Federal Agency Charged

Cocktail Waitresses, Discrimination and the Entertainer Exemption

Source: The Proactive Employer

Can an employer demote - or even fire - an employee for becoming pregnant or gaining weight?

July 17, 2012

Low-wage workers will rally on 'Day of Action

Source: Lisa Colangelo , New York Daily News

They will join with community leaders and union organizers on July 24.

Why Democrats need labor unions

Source: Julian Zelizer , CNN

The rally is meant to send a message to the Democratic leadership, as well as to Republicans, that many workers feel as if they don't have a voice in the two-party system.

Disability Employment: Are We at the Tipping Point? Disability Employment: Are We at the Tipping Point?

Source: Senator Tom Harkin , Huffington Post

Later this month, when our country marks the 22nd anniversary of the Americans with Disabilities Act, many of the law's champions will lament that the employment situation for our citizens with disabilities has not improved since the ADA was signed.

July 16, 2012

Newly created jobs go mostly to men

Source: Don Lee, LA Times

Since the recession ended in June 2009, men have gained 80% of the 2.6 million net jobs created in the U.S., including 61% in the last year.

Pam Reeves: Employers should be aware of NLRB social media rulings

Source: Pam Reeves, Knox News

Pamela Reeves is a partner in the Knoxville law firm Reeves, Herbert & Murrian P.A. Because factual situations vary, competent legal counsel should be consulted for individual advice.

San Francisco may pay $762K for emergency dispatcher harrassment, gender discrimination lawsuit

Source: Joshua Sabatini, San Francisco Examiner

Two emergency dispatchers have reached a tentative $762,000 settlement in a lawsuit against San Francisco for employment retaliation.

July 13, 2012

10 Things You Didn't Know Were In The Affordable Care Act

Source: Christian Torres and David Schultz, TNLT

So you think the United States Supreme Court upheld a law that just requires most people to buy health insurance?

EEOC and Family Dollar Stores Sign Mediation Pact

Source: Press Release , EEOC

Agreement Covers 7,200 Stores With More Than 50,000 Team Members Nationwide.

Lawsuit Claims Race Bias at Wet Seal Retail Chain

Source: Steven Greenhouse, New York Times

Asserting that the company had a high-level policy of firing and denying pay increases and promotions to African-American employees because they did not fit its "brand image."

July 12, 2012

Why Job Openings Don't Translate Into Jobs

Source: Matthew Phillips, Business Week

More blah news on the unemployment front, this time from the Labor Department's monthly survey on job openings and labor turnover, known as the JOLTS report.

Making work better: industrial organizational psychology

Source: AP, LA Times

Employees are the heart of any business, so recognizing their value and helping them work efficiently is vital to an organization's success.

Labor Department Computers Vulnerable to Leaks: Study

Source: Meera Louis, Business Week

Computer systems used by the U.S. Department of Labor to produce market-sensitive economic data are more likely to be a source of possible leaks...

July 11, 2012

Feds allege Bass Pro job discrimination

Source: Brian Lockhart , CT Post

Bass Pro Shops, the outdoor retailing giant announced last week as the first tenant for the city's Steel Point redevelopment, has been targeted by the federal government for alleged discriminatory hiring practices nationwide.

Unions Fight Scranton Mayor After He Cuts Pay to Minimum Wage

Source: Michael Cooper & Mary Williams Walsh, New York Times

When the city of Scranton, Pa., found itself down to its last $5,000 in the bank last week, its Democratic mayor took a highly unusual step.

RCC Consultants Will Pay $45,000 to Settle EEOC Disability Discrimination Lawsuit

Source: Press Release , EEOC

Company Revoked Conditional Job Offer After Discovering Candidate Had Vision Problems, Federal Agency Charged.

July 10, 2012

Racial discrimination lawsuit against Humana reinstated

Source: Judy Greenwald , Business Insurance

A federal appeals court has reinstated a putative class action racial discrimination case brought by a former Humana Inc. employee in a technical legal ruling.

Racial discrimination lawsuit against Humana reinstated

Source: Judy Greenwald , Business Insurance

A federal appeals court has reinstated a putative class action racial discrimination case brought by a former Humana Inc. employee in a technical legal ruling.

Kleiner Perkins loses key argument in Ellen Pao sex discrimination case

Source: Peter Delevet , Mercury News

The judge in a sex discrimination lawsuit that's riveted Silicon Valley ruled Monday that venerable venture capital firm Kleiner Perkins Caufield & Byers can't force a junior partner to take her complaint to binding arbitration.

July 9, 2012

Department of Homeland Security Announces Work Authorization Program for Certain Illegal Immigrants

Source: Workplace Resource Center , Jackson Lewis LLP

Secretary of Homeland Security Janet Napolitano has announced that certain young people who were brought to the United States as children and who are not presently authorized to remain in the United States ("DREAMers") will be considered for work authorization.

Is taking work home overtime?

Source: Kelly Yamanouchi , The Columbus Dispatch

In age of smartphones, remote access to PCs, hourly employees say they are due extra pay.

Raising Minimum Wage: A Help Or Harm?

Source: NPR Staff, NPR

Back in 1912, Massachusetts became the first place in America to introduce a minimum wage, but it would take another quarter century before a national minimum wage was set.

July 6, 2012

NLRB's Acting General Counsel Addresses Controversial Complaint Regarding At-Will Employment Language and Other Employee Handbook Provisions

Source: Scott J. Witlin, National Law Review

On June 11, 2012, NLRB Acting General Counsel, Lafe Solomon, addressed the Connecticut Bar Association, specifically discussing the issuance a complaint in February by Region 28 alleging a multitude of violations arising from the various rules contained in the company's employee handbook.

CIA cracks down on sexual harassment in its ranks [Article no longer available]

Source: Ken Dilanian, LA Times

Spy agency reacts to complaints of sexual harassment by women working in CIA war zones. Former officers say trysts are part of the agency's culture.

Sexual Orientation and Civil Rights

Source: Richard Lyon , Huffington Post

At its recent annual meeting in New Orleans, the Southern Baptist Convention overwhelmingly adopted a resolution declaring that marriage equality is not a civil right

July 5, 2012

How to Ask for a Leave of Absence

Source: Jessica Harper , US News & World Report

Tips to consider when asking for extended time off from work.

Can you be fired for what you post on Facebook?

Source: Josh Eidelson , Herald Bulletin

On a Saturday morning in October 2010, Mariana Cole-Rivera, a domestic violence advocate at the group Hispanics United of Buffalo, began the Facebook thread that would get her fired.

B.J. Con/Sew to Pay $75,000 to Settle EEOC Lawsuit for Harassent

Source: Press Release , EEOC

Hispanic Employee Had to Quit to Escape Harassment, Federal Agency Charged.

July 3, 2012

Transsexuals have few legal remedies

Source: Eric Weddie, Wall Street Journal

Laws from the federal level down to the city of Lafayette do little to protect employment, housing and health rights of transsexuals.

BP to Pay $5.4. Million on Gender Bias Complaints

Source: AP, New York Times

The oil company BP and its contractors have agreed to pay up to $5.4 million to resolve complaints that some women weren't considered for temporary jobs.

Obligatory use of E-Verify could lead to discrimination

Source: EFE, Fox News

Defenders of Hispanics in South Carolina warn that the law obliging companies to check the immigration status of new employees will spark discrimination against the community.

July 2, 2012

Minor adjustments: Complying with federal teen labor rules

Source: The HR Specialist , Business Management

It wasn't fun and games when stuffed-toy retailer Build-A-Bear Workshop was recently cited for child labor violations.

Courts Weigh in on FMLA Limits

Source: Michael P. Maslanka, FMLA

What's up with the Family and Medical Leave Act?

Law firms hit with discrimination suits

Source: Catherine Ho, Washington Post

Law firms that saw a flood of work defending corporations against such claims are finding they're not immune to the same types of lawsuits they're used to handling for clients.

June 29, 2012

Dealing with a Bad Boss

Source: John Beeson , Harvard Business Review

It's often said there's nothing certain in life except death and taxes.

Job screening policy casts too wide a net

Source: Janet Portman , Chicago Tribune

Q: We are about to hire a resident manager. We've always had a policy of asking whether applicants have ever been arrested or convicted.

What the Supreme Court's Health-Law Ruling Means for Consumers

Source: Louise Radnofsky , Wall Street Journal

The Supreme Court said Congress was acting within its powers under the Constitution when it required most Americans to carry health insurance or pay a penalty.

June 28, 2012

Outsourcing Becomes Toxic in U.S. Presidential Campaign

Source: Heather Timmons, New York Times

Outsourcing has never been a popular term in the Western countries that lose jobs to emerging markets, but it has become positively toxic in the current United States presidential campaign.

Employee harassment suit against university to reach Supreme Court [Article no longer available]

Source: Evie Lichtenwalter , BSU Daily News

A harassment lawsuit brought against the university and four university employees in 2006 was granted writ of certiorari was granted on Monday.

EEOC Cracking Down on Not Hiring Convicted Criminals [Article no longer available]

Source: Andrew Lu , Reuters

As a business owner, it probably goes without saying that you know you can't base employment decisions on characteristics like someone's race, sex, or national origin.

June 26, 2012

Laws may keep obesity bias out of hiring

Source: Jim Patterson , Futurity.org

Two US cities could provide a national model for combating workplace discrimination because of obesity, according to a new paper.

FedEx Freight to Pay $115,000 to Settle EEOC Sex Discrimination Lawsuit

Source: Press Release, EEOC

Company Hired Unqualified Man Over Three Qualified Women for Human Resources Position, Federal Agency Charged.

Supreme Court Decision on Arizona Immigration Law

Source: John Schwartz, New York Times

On Monday, the Supreme Court handed down a split decision on Arizona's 2010 immigration law.

June 25, 2012

Sixth Circuit Court of Appeals affirms Board finding that charge nurses are employees under the Act

Source: Office of Public Affairs , NLRB

In a published opinion that issued on Wednesday, the Sixth Circuit Court of Appeals has enforced a Board Order finding that a Michigan long-term care and rehabilitation center unlawfully refused to bargain with a unit of charge nurses.

St. Louis Restaurant Settles EEOC Sexual Harassment Lawsuit

Source: Press Release , EEOC

A St. Louis restaurant will pay $23,000 and furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Supreme Court Upholds Key Part of Arizona Law

Source: Jess Bravin, Wall Street Journal

The Supreme Court upheld a key part of Arizona's tough immigration law but struck down others as intrusions on federal sovereignty.

June 22, 2012

Transgender Rights in the Workplace Are Still Unclear

Source: Julie Turkewitz, The Atlantic

In fall 2007, Vandy Beth Glenn was a bill editor working beneath the gilded gold dome of the Georgia capitol building.

Equal Pay Plaintiffs' Burden of Proof

Source: Peter Coy and Elizabeth Dwoskin , Business Week

Lilly Ledbetter discovered she was underpaid one spring evening in 1998 at the start of her overnight shift as a manager at the Goodyear Tire & Rubber

Supreme Court curbs union abuse

Source: Jennifer Rubin , Washington Post

It's not been a good year for Big Labor. The Keystone XL pipeline got nixed. Wisconsin Gov. Scott Walker (R) survived the recall, and now the Supreme Court has gotten serious about the First Amendment.

June 21, 2012

Legal Recruiting Firm Sues Former Employee, Citing Non-Compete Clause

Source: BLT

A legal recruiting firm has accused one of its former account executives of violating the firm's non-compete clause in their employment agreement.

U.S. Push on Illegal Bias Against Hiring Those With Criminal Records

Source: Robb Mandelbaum, New York Times

Many small businesses did not know it was illegal to impose a ban on hiring anybody with a criminal record. "I was not aware of that one," said Brian Hamilton, who owns four car dealerships in Nebraska.

EEOC Appellate Briefs Now Online

Source: Press Release , EEOC

Appellate Court and Amicus Briefs Available in Searchable Database on EEOC Website.

June 20, 2012

U.S. Supreme Court Issues Major Decision on Overtime Pay

Source: Robert Brody & Rebecca Goldberg, Brody & Associates

The U.S. Supreme Court ruled yesterday that pharmaceutical sales representatives are not entitled to overtime pay.

New Interactive NLRB Webpage Provides Examples of Employee Section 7 Rights Under NLRA

Source: Stefan Marculewicz , Labor Relations Counsel

The National Labor Relations Board has created a new webpage that explains an employee's section 7 rights under the National Labor Relations Act (NLRA) and allows the user to click on various Board cases that address protected concerted activity.

Johns Hopkins Home Health Care to Pay $160,000 to Settle Disability Discrimination Lawsuit

Source: Press Release , EEOC

EEOC Charged Health Care Provider Failed to Accommodate Employee with Breast Cancer, then Fired Her.

June 19, 2012

U.S. Unions: Uncivil On Civil Rights

Source: Harry Alford & F. Vincent Vernuccio, Forbes

As union membership in the private sector continues to plummet, organized labor is pursuing desperate measures to reverse its fortunes.

The Volks Decision: What Does It Mean For Employers?

Source: Arthur Sapper, EHS Today

In November 2006, OSHA issued citations to Volks Constructor alleging failures to record some workplace injuries between January 2002 and April 2006.

NLRB launches webpage describing Protected Concerted Activity

Source: Office of Public Affairs , NLRB

The National Labor Relations Board today made public a webpage that describes the rights of employees to act together for their mutual aid and protection, even if they are not in a union.

June 18, 2012

Transforming Work Fears Into Career Confidence

Source: Terri Cole, Huffington Post

Have you ever stopped to think about your level of fear in your job?

State Of The Unions: Labor And The Middle Class

Source: NPR Staff, NPR

For many full-time employees in the United States, the five-day work week, paid overtime and holidays are expected benefits.

Dukes v. Wal-Mart One Year Later: Where Do Women Stand?

Source: Martha Burk, Huffington Post

In the year since, the ruling has been touted as a godsend for corporations.

June 15, 2012

New Schedules Push Graveyard Shift Off The Clock

Source: Tracy Samilton, NPR

As car companies struggle to meet growing demand, the third shift is making a comeback. But many factories running on three shifts are doing it differently from in the past.

Fed lawsuit: Lighting store required workers to be Christian

Source: Douglas Stanglin, USA Today

The U.S. Equal Employment Opportunity Commission has filed suit against a Tulsa lighting store charging that the company required prospective workers to be Christian, the Tulsa World reports.

New rules make it harder to get unemployment benefits

Source: Tami Luhby, CNN Money

Millions of jobless Americans now have another hurdle to pass before collecting federal unemployment benefits.

June 14, 2012

Whirlpool Settles EEOC Race and Sexual Harassment Lawsuit for One Million Dollars

Source: Press Release, EEOC

$25 million awarded steelworker in racial suit [Article no longer available]

Source: Phil Fairbanks, Buffalo News

A federal court jury awarded Turley $25 million in damages Tuesday after finding his former employers and their executives liable for a culture of racial discrimination that one of his lawyers said was reminiscent of the 1950s.

Fired at 71, NY lifeguard settles age-bias lawsuit

Source: AP, CBC News

A New York lifeguard who was fired at age 71 has settled an age-discrimination lawsuit for $65,000.

June 13, 2012

Can my boss delay a promised raise?

Source: Suzzane Lucas , CBS News

I'm a 24-year-old female, and I work in clothing retail, (I've worked in retail since I was 16).

NYPD kicks out Orthodox Jew recruit for refusing to trim beard

Source: Yukio Strachan, Digital Journal

Former recruit Fishel Litzman dreamed of being a NYPD police officer.

Motherhood Still a Cause of Pay Inequality

Source: Eduardo Porter, New York Times

Women have made huge strides in the job market since President Kennedy signed the Equal Pay Act in 1963.

June 12, 2012

The Gen Y workplace myth

Source: Steve Tobak , CBS News

Strange as it sounds, I'm a Gen Yer in a baby boomer's body.

Plaintiffs still pound Walmart

Source: Michael Kirkland, UPI

If you thought the Walmart sex discrimination fight was over when the U.S. Supreme Court broke the massive class action suit last year, you thought wrongly.

G.M. Says Pension Talks With Union Are Possible

Source: Bill Vlasic, New York Times

General Motors may seek a deal with the United Auto Workers to offer pension buyouts to union retirees similar to offers made recently to 42,000 white-collar retirees

June 11, 2012

Stevens Transport to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Source: Press Release, EEOC

Dallas Trucking Company Refused to Hire Paraplegic Applicant for Management Position, Federal Agency Charged.

A Transition in the Law [Article no longer available]

Source: Karina Sc, Business West

New Prohibitions Against Gender-identity Discrimination.

Federal ban on job bias still eludes gay rights groups

Source: Curtis Tate, McClatchy

One longstanding policy goal remains elusive: a federal law to ban discrimination against gay workers.

June 8, 2012

My Workplace is Filthy. Should I Call OSHA? [Article no longer available]

Source: Edward Tan, Reuters

Most employers strive to keep their offices clean and safe.

Workers Lost Ground During Recession As Bosses Gained

Source: David J. Lynch, Business Week

The U.S. economy's anemic rebound from the worst recession in six decades is pummeling workers while leaving bosses almost unscathed.

Organized labor took big hits in California and Wisconsin elections

Source: Alana Semuels, LA Times

Los Angeles will be one of the next major battlegrounds for unions beginning June 18, when the leadership of 1.6 million public-sector workers is up for grabs.

June 7, 2012

US Labor Board: Some Limits on Employee Social Media Use Are Illegal

Source: Grant Gross, IDG News, PC World

It is illegal for U.S. employers to issue broad-based prohibitions of employee discussions about their workplaces on social media, according to a new memo from the acting general counsel of the U.S. National Labor Relations Board (NLRB).

Bill Pushes for Increase in Wages

Source: Rebecca Berg, New York Times

Representative Jesse L. Jackson Jr. tried to give new vitality to the issue of the federal minimum wage on Wednesday, coming at the debate with a fresh angle.

What Wisconsin's Recall Means For Labor Unions

Source: Scott Newman, NPR

The Wisconsin recall election might have failed, but it succeeded in sending an ominous message to pro-labor forces across the nation -- especially in the Midwest, where a handful of legislatures are pushing to roll back collective bargaining and other union rights.

June 6, 2012

My company fires pregnant women: Is it legal?

Source: Suzzane Lucas , CBS News

I have been employed with my company for 7 years now.

EEOC Seeks Public Input in Developing Strategic Enforcement Plan

Source: Press Release, EEOC

In February 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved a Strategic Plan for Fiscal Years 2012 - 2016.

WSU to pay $650K to settle discrimination lawsuit

Source: Nicholas Geranios, Seattle Times

Washington State University has agreed to pay $650,000 to settle a racial discrimination lawsuit brought by two former employees of Chinese descent.

June 5, 2012

Workers: State blocks unemployment benefits

Source: John Kennedy , Palm Beach Post

With Florida's unemployment rate at a three-year low of 8.7 percent, Gov. Rick Scott says his policies are helping drive the state's economy on the "path to recovery."

Turning Our Backs on Unions

Source: Joe Nocera, New York Times

"The Great Divergence" by Timothy Noah is a book about income inequality, and if you're thinking, "Do we really need another book about income inequality?" the answer is yes. We need this one.

Fighting for Equal Pay and the Paycheck Fairness Act

Source: Office of the Press Secretary , Whitehouse.gov

Today, the President continues to advocate for passage of the Paycheck Fairness Act, a comprehensive bill that strengthens the Equal Pay Act of 1963, which made it illegal for employers to pay unequal wages to men and women who perform substantially equal work.

June 4, 2012

Unequal Treatment: EEOC Targets Blanket Leave of Absence and Attendance Policies for ADA Violations

Source: Inside Counsel

Jeff Nowak was quoted extensively in the article, "Unequal Treatment: EEOC Targets Blanket Leave of Absence and Attendance Policies for ADA Violations" published in the June 2012 issues of InsideCounsel.

Discrimination lawsuits double as definition of 'disability' expands

Source: Luke Rosiak, Washington Post

The number of employment discrimination lawsuits under the Americans with Disabilities Act (ADA) has nearly doubled in the past five years and seen a sharp increase in recent months.

Garney Construction and Georgia Power to Pay $49,500 to Settle EEOC Disability Lawsuit

Source: Press Release, EEOC

Contractor Withdrew Job Offer to Applicant with Epilepsy Because of Construction Contract with Electric Utility Company.

June 1, 2012

NLRB Report on Social Media Highlights Overbroad Employer Restrictions

Source: Jenna Greene, Law.com

The National Labor Relations Board on May 30 issued a new report on social media policies for employees, giving real-world examples of company restrictions that cross the line, as well as highlighting instances where rules are valid.

Amity Shlaes: Suit alleging sex bias may end up harming female entrepreneurs

Source: Amity Shales , Sacramento Bee

Kleiner Perkins Caufield & Byers is anti-woman. That's the position of Ellen Pao, a junior partner at the venture capital firm who filed a lawsuit in San Francisco Superior Court contending "discriminatory treatment of plaintiff and other female employees, specifically in advancement and compensation because of their gender.

Democrats aim to close women's wage gap with a tougher fairness-pay bill

Source: Plain Dealer Wire Services, Cleveland.com

Two pharmaceutical reps shared the same job description and sales quota. They called on the same clients and split their commission 50/50. But the man earned a base salary 60 percent higher than his female partner.

May 31, 2012

New York Waitresses Sue for Sexual Harassment, Discrimination, Claiming They Were Forcibly Weighed [Article no longer available]

Source: Susanna Kim, ABC

Sutton Place Bar & Restaurant in New York City, pictured above, is being sued for sexual harassment, sexual discrimination and having a hostile work environment.

Black pilots claim in discrimination lawsuit that United offers few promotions to minorities [Article no longer available]

Source: AP, Washington Post

Nearly two dozen black pilots for United Airlines filed a federal discrimination lawsuit claiming few minority workers are promoted to upper management at the world's largest air carrier.

Kleiner Fires Back in Sex Discrimination Case

Source: David Streitfeld , New York Times

The venture capital firm Kleiner, Perkins, Caulfield and Byers, sued this month by a junior partner who said she had been sexually harassed and then punished for complaining, fired back Thursday afternoon.

May 30, 2012

6 FAQs About the EEOC's Updated Guidance on Criminal Records for Employment Decisions

Source: Michael Gaul, Business 2 Community

On April 25, 2012 the EEOC issued its much-anticipated updated enforcement guidelines on employers' use of criminal arrest and conviction records in the background screening process

EEOC Wins Rare Summary Judgment Verdict in Title VII Retaliation Case

Source: Press Release, EEOC

A federal judge has ruled that Cognis Corporation, a German-based part of multinational chemical company BASF, unlawfully retaliated against an employee for refusing to waive his rights to file a discrimination charge, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

The new workplace revolution: Wage and hour lawsuits

Source: Jonathan Segal , CNN

More than 7,000 collective actions were filed in federal court in 2011 alleging wage and hour violations, an approximately 400% increase since 2000. What's driving the spike?

May 29, 2012

Chipotle's Undocumented-Worker Problem Resurges

Source: Susan Berfield, Bloomberg

Chipotle the fast-growing, burrito-slinging chain, has become the government's highest-profile target in its campaign against employers of illegal immigrants.

Tempe Elementary School District to Pay $148,000 to Settle EEOC Age Discrimination Suit

Source: Press Release, EEOC

Tempe Elementary School District No. 3 will pay $148,092 and furnish other relief to settlean age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

NLRB Member Resigns Amid Leak Allegations

Source: Mary Lu Carnevale, Wall Street Journal

A member of the National Labor Relations Board who faces allegations of leaking information about pending board decisions to a former adviser to Mitt Romney, is stepping down, the NLRB said Sunday.

May 25, 2012

The fragile health of government HR

Source: Tom Fox, Washington Post

The federal government's human resources (HR) community is like the proverbial shoemaker's children.

Tempe district settles age-bias suit for nearly $150,000 [Article no longer available]

Source: Kerry Fehr-Snyder, Tucson Citizen

Tempe Elementary School District must pay more than $148,000 to settle an age-discrimination lawsuit filed by the federal government.

Minimum wage workers must labor 9,095 years to match top CEO's annual $137 million pay [Article no longer available]

Source: AP, Washington Post

David Simon of Simon Property received a pay package worth more than $137 million for last year, and the typical CEO took home $9.6 million, according to an analysis by The Associated Press.

May 24, 2012

Plaintiffs face greater obstacles in discrimination suits, study shows

Source: University of Buffalo , Phys.org

University at Buffalo Sociology Professors Ellen Berrey, PhD, and Steve G. Hoffman, PhD, have co-authored a study that shows plaintiffs' limited resources and tumultuous experiences in employment discrimination lawsuits lead them to see this litigation as profoundly unfair.

Can Suing for Equal Pay Really Close the Gender Wage Gap?

Source: Bryce Covert, The Nation

Senator Barbara Milkulski is holding a press conference later today to press the Senate to pass the Paycheck Fairness Act she recently introduced. But didn't President Obama already kill the gender wage gap?

Kansas workers sue meat-packing plant over wages

Source: Roxana Hegeman , Bloomberg

Workers at a Kansas slaughterhouse are seeking unpaid wages and overtime from National Beef Packing Co. in a federal lawsuit filed Tuesday on behalf of some 2,000 employees at the firm's Liberal plant.

May 23, 2012

'Too Hot' To Sell Lingerie?! The Appearance-Based Female Workplace Dress Code

Source: Cheryl Isaac, Forbes

Twenty-nine-year-old Lauren Odes told ABC News that she was fired from her job at a lingerie store for being "too hot."

Kleiner partner sues firm for discrimination

Source: Sarah McBride, Reuters

Kleiner Perkins Caufield & Byers partner Ellen Pao is suing the venture capital firm alleging sexual harassment and discrimination.

NYC waitresses' weight-harassment suit can go to trial, appeals court says [Article no longer available]

Source: AP, The Republic

A lawsuit accusing bosses at a New York City restaurant of haranguing waitresses about their weight -- and even insisting they get on scales -- can finally go to trial after almost six years of legal wrangling.

May 22, 2012

Do temporary workers have any rights?

Source: Suzanne Lucas, CBS

If you need a job right now, temporary work is often a good route. Companies often are willing to hire you as a temp when they wouldn't hire you in a regular position.

Guardsmark Settles Harassment Suit with EEOC

Source: Press Release, EEOC

Agency Obtains $25,000 for East Indian Guard Harassed Due to National Origin and Age.

Labor judge overturns union election at Target [Article no longer available]

Source: AP, Wall Street Journal

An administrative law judge from the National Labor Relations Board has overturned the union election last year at a Target store on New York's Long Island and ordered a new election citing unfair labor practices.

May 21, 2012

Judge dismisses part of Port Authority discrimination claim

Source: Ben Lesser, New York Daily News

Accused of paying male attorneys more than female ones.

Advance Components Settles EEOC Age Discrimination Lawsuit

Source: Press Release, EEOC

Fastener Distribution Company Pays $201,000 to Top Salesman Who Was Fired in Favor of Younger Hires, Agency Charged.

Pam Reeves: Obesity discrimination can spark employee lawsuits

Source: Pam Reeves, Knox News

Much has been written recently about the obesity crisis in our world. Some statistics report that more than 30 percent of the Tennessee population is classified as obese.

May 18, 2012

Fired Las Vegas Hotel Worker Sues for Pregnancy Discrimination, Wages [Article no longer available]

Source: Susanna Kim, ABC News

Claims she was told she was fired from her job for saying "bye bye" on the telephone instead of "goodbye" while eight-months pregnant.

California ranks high for workplace discrimination complaints

Source: Tiffany Hsu, LA Times

Employees complain more about discrimination in workplaces in Texas, Florida and California than anywhere else in the country, according to a report this week from the U.S. Equal Employment Opportunity Commission.

Kansas Labor Bill: Lawmakers Overhauling State Labor Laws

Source: John Celock, Huffington Post

Kansas lawmakers are in the process of drafting a sweeping overhaul of the state's labor laws that opponents fear could hurt all non-white collar workers in the state.

May 17, 2012

Senator seeks expanded visas for foreign high-tech workers

Source: Reuters, Chicago Tribune

A federal appeals court on Wednesday reinstated a lawsuit filed by a fourth-grade teacher allegedly fired from her job at a Christian elementary school in Florida for engaging in premarital sex.

Court rules teacher fired for premarital sex has right to a trial

Source: Warren Richey, Alaska Dispatch

A federal appeals court on Wednesday reinstated a lawsuit filed by a fourth-grade teacher allegedly fired from her job at a Christian elementary school in Florida for engaging in premarital sex.

Labor Department Error Overstates Female Job Losses

Source: Phil Izzo, Wall Street Journal

There are more women working for the postal service than the Labor Department originally thought.

May 16, 2012

Brown proposes 4-day week for state workers

Source: Wyatt Buchanan, SF Gate

Gov. Jerry Brown proposed significant cuts to state courts and state worker pay.

Age Discrimination's Impact Disputed In Congressional Hearing On Unemployment

Source: Arthur Delaney, Huffington Post

She suspects she hasn't found steady work since because she's too old.

NLRB suspends implementation of representation case amendments based on court ruling

Source: Office of Public Affairs , NLRB

In response to a District Court decision issued late Monday, the National Labor Relations Board has temporarily suspended the implementation of changes to its representation case process, which had taken effect April 30.

May 15, 2012

EEOC Makes State Charge Data Available Online

Source: Press Release, EEOC

Tables Present Employment Discrimination Statistics in User-Friendly Format

EEOC complaints in Arizona up 31 percent in two years

Source: Angela Gonzales, Phoenix Journal

Complaints filed against Arizona employers by the U.S. Equal Employment Opportunity Commission have risen 31 percent in the past two years.

Judge Overturns Rules on Union Votes

Source: AP , New York Times

A federal judge on Monday struck down new regulations governing union elections, saying the National Labor Relations Board did not follow proper voting procedures when it approved the rules last year.

May 14, 2012

Creeping form of worker bias spreads discontent

Source: AP , Delaware Online

A creeping form of worker bias is gaining the attention of federal authorities and some state governments for the potential harm to family life.

California immigration plan to legalize workers faces hurdles

Source: Matt O'Brien, Mercury News

In the past two years, Arizona and five other red states made national waves and raised constitutional questions by passing laws designed to crack down on illegal immigration.

Employment lawyer fights regulations

Source: Catherine Ho, Washington Post

Eugene Scalia is a well-known name in Washington -- his father is U.S. Supreme Court Justice Antonin Scalia.

May 11, 2012

Reporter, fired for stripping, charges gender discrimination

Source: Allen Duke , CNN

A part-time stripper fired from her full-time newspaper job covering Texas high society claims she's a victim of gender discrimination.

Workplace Whistleblower Gets Temporary Deportation Reprieve

Source: Josue Diaz, Huffington Post

A Louisiana immigration court rebuffed the government's efforts this week to deport an undocumented immigrant who came to the attention of authorities after raising questions about workplace safety issues.

How Much Should Pregnant Women Be Accommodated in the Workplace?

Source: Bonnie Rochman, Time

Not all companies are eager to oblige the needs of expectant workers. The newly proposed Pregnant Workers Fairness Act aims to force employers' hand.

May 10, 2012

10 Lessons from 30 Years in the Law

Source: Michael P. Maslanka, Law.com

I celebrated my 30th anniversary as a lawyer in 2011. Here are 10 things I have learned over the years.

Password Protection Act: Ban bosses asking for Facebook passwords

Source: Emil Protalinski, ZD Net

The Password Protection Act, which looks to protect employees from employers asking for access to their social networking accounts, has been introduced in both the House and Senate.

The EEOC and Sissies Like Me: How the Equal Employment Opportunity Commission Made the Case for a United LGBT Movement

Source: Mark Daniel Snyder, Huffington Post

I had never heard of the EEOC before my coworker said we were hoping for a ruling from them that would protect transgender people under Title VII, the law that prohibits employment discrimination based on race, color, religion, sex, and national origin.

May 9, 2012

Rate of U.S. workers quitting jobs flat in March

Source: Reuters, Chicago Tribune

A measure of how many U.S. workers quit their jobs held steady in March, suggesting a recent slowdown in hiring has not triggered a major deterioration of confidence in the labor market.

Why Your Drug Copay Could Change

Source: Michelle Andrews, NPR

What if how much you paid for a drug was based on how much it might help you, instead of the sticker price?

NYC landlord's sex harassment suit settled for $2M [Article no longer available]

Source: AP, Wall Street Journal

The federal government has announced that a settlement with a New York City landlord will result in more than $2 million being paid to tenants who were sexual harassment victims.

May 8, 2012

Health care costs worry workers nearing retirement

Source: Christine Dugas, USA Today

Health care costs are a top retirement fear, and that's even though many older workers vastly underestimate how much they'll have to pay.

NY considers transgender anti-discrimination bill [Article no longer available]

Source: AP, Wall Street Journal

Legislation approved 81-59 by the state Assembly last week would add gender identity and expression to state laws banning discrimination.

Protection for Pregnant Workers

Source: KJ Dell'antonia, New York Times

Pregnancy is not a disability, but pregnant workers can still need protection.

May 7, 2012

Bias isn't to blame for wage gap

Source: Kay Hymowitz, Chicago Sun Times

Politics, it has been said, is the skilled use of blunt objects.

Connecticut Supreme Court Upholds Damages In Discrimination Case

Source: Michael Lee Murphy, CT News Junkie

The Connecticut Supreme Court upheld a lower court ruling that says employers have a duty to create a safe work environment for employees who are discriminated against on the basis of sexual orientation.

Muslim woman gets huge award in workplace discrimination case

Source: Mara Rose Williams, Chicago Tribune

The jury awarded Bashir $120,000 in lost wages and other actual damages.

May 4, 2012

Gay-rights leaders press Obama for further moves on workplace bias, same-sex marriage [Article no longer available]

Source: David Crary, Star Tribune

The refrain sounded by his aides is accurate: Barack Obama has done more for the cause of gay rights than any president before him.

Pension Plan Sues Wal-Mart Officials Over Failure

Source: Stephanie Clifford, New York Times

One of the nation's largest pension plans filed a lawsuit Thursday accusing Wal-Mart's leadership of breaching its fiduciary duty in connection with a bribery scandal at the retailer's Mexican subsidiary.

For Uncle Sam, issues of same-sex bias, transgender equality

Source: Joe Davidson, Washington Post

The Obama administration has told government agencies that a court decision allowing health benefits for the same-sex spouse of a federal employee applies to no one else.

May 3, 2012

Obese women are discriminated against in the workplace

Source: Lindsay Goldwart, New York Daily News

Body-obsessed bosses more likely to turn down a heavier employee.

Minnesota to Pay Damages, Insurance Coverage to Resolve EEOC Age Discrimination Lawsuit

Source: Press Release, EEOC

The BOPD must pay $53,000 to four former employees who were denied employer contributions for retiree health and dental insurance because they were older than age 55 at the time that they retired.

LGBT Workplace Discrimination: Out of Work for Being Out at Work?

Source: Rea Carey , Huffington Post

The last month has been marked by great disappointment and a historic victory.

May 2, 2012

New ruling challenges employers to defend against age discrimination claims

Source: Kate V. Davis, Crain's Cleveland

Age discrimination claims are nothing new to employers, especially in a tight economy that has spurred numerous reductions in force in companies across Northeast Ohio.

Documentary on Workplace Bullying Presents a Different View

Source: Janice Harper, Huffington Post

On July 30, 2010, 52 year old Kevin Morrissey, Managing Editor of the Virginia Quarterly Review, shot and killed himself, becoming one of over 37,000 Americans who died from suicide that year.

Wal-Mart to pay $4.8 million in back wages

Source: Ylan Q. Mui, Washington Post

The Labor Department on Tuesday ordered Wal-Mart to pay $4.8 million in back wages and damages to thousands of employees who were denied overtime charges.

May 1, 2012

Kodak judge approves extra payments to employees

Source: Caroline Humer, Reuters

Eastman Kodak received court approval on Monday from a bankruptcy court judge to spend about $13.5 million to try to keep a few hundred employees from leaving the company while it is in bankruptcy, a spokesman for the company confirmed.

EEOC Commissioner Feldblum Calls on Obama, Senate to Keep EEOC Fully Staffed

Source: Chris Geidner, Metro Weekly

On Friday, April 27, Stuart Ishimaru stepped down from his post as one of five commissioners on the Equal Employment Opportunity Commission.

Golf International to Pay $25,000 to Settle EEOC Retaliation Lawsuit

Source: Press Release, EEOC

A Fountain Hills, Ariz.- based golf course and restaurant has agreed to settle an employment discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) that charged the company with retaliation in violation of federal law, the agency announced today

April 30, 2012

Lawyer Files EEOC Complaint Alleging Sexually Hostile Work Environment

Source: Miriam Rozen , Law.com

Last month, appellate lawyer Ruth Piller filed a complaint with the Equal Employment Opportunity Commission against her former employer, Houston's Hays, McConn, Rice & Pickering, where she worked for nine years.

Middle class jobs are trickling back

Source: Annalyn Censky, CNN

The middle class may be starting to heal from a decades-long decline, President Obama's chief economic adviser said Thursday.

After They Check the Box

Source: Editorial, New York Times

The federal Equal Employment Opportunity Commission has reaffirmed and updated a 25-year-old ruling that bars companies from automatically denying employment to people based on arrest or conviction records.

April 27, 2012

Does organized labor have a future?

Source: David Lazarus , LA Times

The push by bankrupt American Airlines to cancel labor contracts and impose cost-cutting terms on employees is the latest sign of troubles facing unions.

Federal Magistrate recommends hotel pay quarter million dollars in attorney fees to NLRB, union

Source: Press Release, NLRB

A federal magistrate in Honolulu has recommended that the Pacific Beach Hotel of Waikiki be ordered to pay more than a quarter million dollars to the National Labor Relations Board and to the International Longshore and Warehouse Union, Local 142, as the latest contempt sanction in a long-running dispute.

Judge: Fla. worker drug testing unconstitutional [Article no longer available]

Source: AP, CBS News

A federal judge declared Gov. Rick Scott's order requiring drug testing for some 85,000 state workers unconstitutional Thursday, saying the governor showed no evidence of a drug problem at the agencies to warrant testing without suspicion.

April 26, 2012

Big Labor's big moment

Source: Jonathan Allen & Robin Bravender , Politico

For years Big Labor has been looking small, but it doesn't feel that way.

Justices Seem Sympathetic to Central Part of Arizona Law

Source: Adam Liptak, New York Times

Justices across the ideological spectrum appeared inclined on Wednesday to uphold a controversial part of Arizona's aggressive 2010 immigration law, based on their questions at a Supreme Court argument.

Equal Opportunity Panel Updates Hiring Policy

Source: Steven Greenhouse, EEOC

The Equal Employment Opportunity Commission on Wednesday approved an updated policy that makes it harder for employers to use background checks to systematically rule out hiring anyone with a criminal conviction.

April 25, 2012

EEOC rules job protections also apply to transgender people

Source: Sam Quinones, LA Times

The Equal Employment Opportunity Commission had inconsistently enforced the law when it came to transgender workers. The ruling allows a transgender woman's complaint of bias against a federal agency to proceed.

Senate Republicans fail to overturn NLRB ruling on union elections [Article no longer available]

Source: David Goldstein, Kansas City Star

The business community lost its fight Tuesday to thwart labor's ability to hold elections after nearly a third of a company's employees request union representation.

Ruling Extends Sex-Discrimination Protection to Transgender Woman Denied Federal Job

Source: Jesse Mckinley , New York Times

In her complaint, Mia Macy, 39, said she had been promised a job in a bureau crime laboratory in Walnut Creek.

April 24, 2012

Ask Judy: Can a Workplace Crush Cost Me a Promotion?

Source: Judy Smith, Huffington Post

While he is a nice guy, he is my manager and I try to keep things professional between us.

Editorial: A Test on Equal Pay

Source: Editorial, New York Times

On the question of equal pay for women, Mitt Romney has planted himself on both sides of the issue, flipping and flopping at the same time.

Upcoming Changes To Labor Laws To Affect Non-Union Employers [Article no longer available]

Source: Franczek Radelet, Sacramento Bee

As of April 30, 2012, new rules will go into effect that will substantially streamline union organizing procedures.

April 23, 2012

Maine gov signs workers comp, unemployment bills

Source: Glen Adams , Business Week

Gov. Paul LePage signed three bills Wednesday he said will help to improve Maine's business environment.

Pregnancy Discrimination Claims On The Rise

Source: Allison Jacobs Wice and Cristina Madry , Conneticut Law Tribune

Almost five decades after the enactment of Title VII of the Civil Rights Act of 1964, and 34 years after the enactment of the Pregnancy Discrimination Act, recent Equal Employment Opportunity Commission enforcement data reveals that pregnancy discrimination claims are on the rise.

Do You Know Your Rights?

Source: Editorial , New York Times

Under federal labor law, employees have the right to join together to seek better pay and working conditions, with or without a union.

April 20, 2012

Career Journal: Is Your Boss a Control Freak?

Source: Shefali Anand, Wall Street Journal

If your boss a micromanager?

N.C. agency: No workers' comp? Go to jail [Article no longer available]

Source: Mandy Locke, Charlotte Observer

Agency says it will force employers to pay injured workers.

Where have all the women's jobs gone?

Source: Tami Luhby, CNN

More jobless Americans are finding work these days, but they are mainly lucky fellas.

April 19, 2012

Little Rock Real Estate Company Settles EEOC Race Discrimination and Retaliation Suit

Source: Press Release, EEOC

Bankers Asset Management Will Pay $600,000 for Excluding Blacks for Jobs and Punishing Employees for Complaining About Bias.

Is the boss spying on you? Cyber-snooping on rise

Source: Cindy Krischer Goodman, Palm Beach Post

When Linda Trottman's husband landed a promotion at his company, a co-worker congratulated her on it a few days later.

Why the U.S. Economy Is Biased Against Men

Source: Marty Nemko, The Atlantic

That women earn 77 cents for every $1 earned by a man is a popular refrain. But look closer. Prejudice against guys in the economy is real and widespread.

April 18, 2012

EEOC Amends Age Discrimination Regulations

Source: Jill Jusko, Industry Week

Take practical steps to avoid running afoul of the law.

The 'Nature' of Sexual Harassment

Source: Julie Berebitsky, Huffington Post

There was a funny moment last November in the middle of Herman Cain's troubles when he appeared on the David Letterman Show.

Supreme Court says private workers temporarily hired by government can be shielded from suits [Article no longer available]

Source: AP, Washington Post

The Supreme Court has ruled unanimously that private individuals hired temporarily by local governments have the same protection against civil rights lawsuits as public employees.

April 17, 2012

City Settles Lawsuit That Claimed Bias and Retaliation

Source: Benjamin Weiser, New York Times

New York City has agreed to pay $750,000 to a black official of the city's Human Resources Administration.

Interviewers say asking for social media passwords is off-limits

Source: Darrell Smith, Sacramento Bee

Professional attire? Check. Cover letter and resume? Check. Passwords to your Facebook and Twitter accounts?

Employees: Bosses overworked them during recession

Source: AP, The Californian

Americans were pushed to their limit in the recession and its aftermath as they worked longer hours, often for the same or less pay, after businesses laid off almost 9 million employees.

April 16, 2012

Rules cover workplace retaliation

Source: Dick Baggett, Standard Times

In December 2011 the Department of Labor released three new fact sheets on the subject of retaliation.

Five signs your workplace may be toxic

Source: Kim Thompson , SF Gate

Most people spend the majority of their lives at work, and studies repeatedly show happy employees are more productive.

More American workers sue employers for overtime pay

Source: Paul Davidson , USA Today

Americans were pushed to their limit in the recession and its aftermath as they worked longer hours, often for the same or less pay, after businesses laid off almost 9 million employees.

April 13, 2012

Fired for 'Liking' Gay FB Page, Worker Claims

Source: Jason Middleton , NBC

An analyst at the Library of Congress was fired after 'liking' a same-sex parenting Facebook page, according to a lawsuit.

The Lilly Ledbetter Act's impact on workplace discrimination

Source: Emily Martin, KPCC

Emily Martin from the National Women's Law Center joins the show to discuss whether the bill has had an effect in the workplace.

California Court Sides With Businesses on Worker Breaks

Source: AP, New York Times

California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch and rest breaks.

April 12, 2012

Resources for Human Development Settles EEOC Disability Suit for $125,00

Source: Press Release, EEOC

Court Upholds Severe Obesity as an ADA-Protected Impairment.

Women, Money, and Bias: 'The Economy Is Classist, Then Racist, Then Sexist'

Source: Derek Thompson, The Atlantic

This week we posed a provocative question in our ongoing crowd-sourced series "Working It Out": Is the economy a level playing field for men and women, or are the cards stacked against one sex -- as the result of workplace sexism or the natural evolution of the economy?

Obama Won't Order Ban on Gay Bias by Employers

Source: Jackie Calmes, New York Times

This week we posed a provocative question in our ongoing crowd-sourced series "Working It Out": Is the economy a level playing field for men and women, or are the cards stacked against one sex -- as the result of workplace sexism or the natural evolution of the economy?

April 11, 2012

Workplace Law: Employer must justify unequal pay between sexes

Source: Joshua Sudbury , The Tennessean

A good employer always knows the value of talent. But, when was the last time you paid attention to whether your female employees were making less than male employees?

Union says right-to-work law violates free speech

Source: Charles Wilson, Bloomberg

Indiana's new right-to-work law should be struck down because it infringes upon unions' free speech rights by depriving them of the dues that fund their political speech.

Fighting back on age-based bullying in the workplace

Source: Rita Robinson, Seattle PI

Taunts like "stupid old woman," "too old to keep up," and "you should just retire," aimed at the growing number of employees over age 50, are coming from bullies in the workplace.

April 10, 2012

Employee With Bipolar Disorder Wins Discrimination Case

Source: John M. Grohol, Psych Central

Shame on The Cash Store for firing Sean Reilly because he had bipolar disorder.

Are women without kids treated unfairly in the workplace and other questions

Source: Nicki Britton and Andrew Dansby, Houston Chronicle

A story in the New York Post poses an interesting question: Are employees without children privilege to fewer benefits in the workplace than employees who are parents?

EEOC asks court to reconsider harassment case ruling that could deter class-action bias suits [Article no longer available]

Source: AP, Washington Post

The Equal Employment Opportunity Commission asked a federal appeals court Monday to reconsider a ruling that could hurt its ability to pursue class-action discrimination lawsuits on behalf of workers in the Midwest.

April 6, 2012

Female Miami Beach firefighter awarded $700,000 in sexual harassment case [Article no longer available]

Source: David Smiley, Miami Herald

A Miami Beach firefighter who says she was sexually harassed for years won a $700,000 judgment against the city.

Same-sex benefits denial is ruled discriminatory

Source: Bob Egelko, SF Gate

The denial of insurance coverage to the same-sex spouse of a federal court employee in San Francisco was an act of discrimination.

Payroll deduction law challenged by unions [Article no longer available]

Source: Karen Bouffard, Detroit News

Unions filed a federal lawsuit Wednesday challenging a new Michigan law that bans public employers from deducting dues from school employees' pay.

April 5, 2012

Employment practices liability insurance rates up 11.6% in 2011 fourth quarter

Source: Judy Greenwald , Business Insurance

High loss frequency among employers with fewer than 1,000 workers drove up the overall cost of employment practices liability insurance premiums by an average of 11.6% for 2011's fourth quarter.

Your Future Employer Is Watching You Online. You Should Be, Too.

Source: Michael Fortik, Harvard Business Review

Welcome to the Permanent Job Search.

Judge orders defunct California construction company to restore nearly $520,000 to employee retirement plan following US Labor Department lawsuit

Source: News Release, Department of Labor

Explore General failed to remit workers' fringe benefits.

April 4, 2012

Thomas Sowell: Statistical disparities don't necessarily indicate discrimination

Source: Thomas Sowell, The Tennessean

A long-standing legal charade was played out again recently, when Federal Express paid $3 million to settle an employment discrimination case brought by the U.S. Department of Labor.

Is Gray Hair OK on the Job? Civil Rights Lawyer Sees Risks, Plaintiff Claims Bias

Source: Debra Cassens Weiss, ABA Journal

Gray hair is cropping up on runways, at work and in an age bias suit pending in Texas federal court.

How Far Can Bosses Take At-Will Laws When Firing?

Source: David Wolinsky, NBC

NBC Miami recently picked up the story of a Deerfield Beach law firm that laid off 14 employees for wearing orange shirts to work.

April 3, 2012

What Advice Should Lawyers Give Clients Who Want to Ask Prospective Employees for Their Facebook Passwords?

Source: Michael P. Maslanka, Law.com

First, for those attorneys who aren't yet on Facebook, it helps to understand some basics.

Bayer Loses Bid to Bar Class Action in Sex-Bias Lawsuit

Source: David Voreacos, Bloomberg

U.S. units of German drugmaker Bayer AG failed to prevent eight women from pursuing a group lawsuit claiming the company discriminated in pay and promotions, and showed bias based on pregnancy and family responsibilities.

In NLRB Probe, Dems Turn Up Heat On Ethics Investigation Involving Romney Adviser

Source: Dave Jamieson, Huffington Post

Democrats in the House and Senate are pressing for more information on an ethics investigation at the federal labor board that has implicated an adviser to GOP presidential hopeful Mitt Romney.

April 2, 2012

Job applicants shouldn't have to give Facebook passwords to propsective bosses

Source: AP, Charlotte Observer

Prospective employers typically ask job applicants for references. But in the age of the Internet, some want much more.

AutoZone to Pay $75,000 to Settle EEOC Religious Discrimination Lawsuit

Source: Press Release, EEOC

Sikh Employee Was Harassed by Managers and Customers, Barred From Wearing Turban at Work, Then Fired Over Religion, Federal Agency Charged.

Teacher's Aide Booted For Refusing Access To Personal Facebook Profile

Source: AP, Huffington Post

A Michigan teacher's aide is fighting a legal battle with the Lewis Cass Intermediate School District for removing her from her position after refusing to give the district access to her Facebook page.

March 30, 2012

Where the Hiring Is Strongest

Source: Motoko Rich, New York Times

Hiring started to pick up toward the end of last year, but you might be surprised to learn which cities were strongest in job creation.

EEOC Issues Final Rule on "Reasonable Factors Other than Age" Under the ADEA

Source: Press Release, EEOC

Regulation Concerns Discrimination Against Employees 40 and Older.

Combating Age Discrimination

Source: Editorial, New York Times

In a 2009 ruling, the Supreme Court disregarded longstanding legal precedent and made it much harder for older workers who are victims of age discrimination to win in court.

March 29, 2012

Why Independent Employment Is Killing the Nine to Five Job

Source: Leah Busque, Huffington Post

The term "nine-to-five" has long symbolized a kind of drudgery that sucks up our lives and eclipses our identities, but it wasn't until the Great Recession that the pejorative phrase was crowned with an entirely new distinction: old-fashioned.

With labor at issue in Wisconsin recall, Romney ties Santorum to 'big labor' before primary [Article no longer available]

Source: Jae C. Hong, Washington Post

Republican presidential front-runner Mitt Romney is attacking rival Rick Santorum as a friend of "big labor".

How Obamacare Will Be Settled: A Primer on the Commerce Clause

Source: Rebecca Buckwalter-Poza, The Atlantic

As the Supreme Court hears arguments about the individual mandate, a complete look at the history of similar constitutional decisions.

March 28, 2012

Supreme Court divided over Obama healthcare law

Source: West Law, Thomson Reuters

The Obama administration faced skeptical questioning from a U.S. Supreme Court dominated by conservatives on Tuesday during a tense two-hour showdown over a sweeping healthcare law that has divided Americans.

As Health Law Is Contested, Developing a Plan B

Source: Reed Abelson, New York Times

State officials and insurance executives are devising possible alternatives to the coming federal requirement that most Americans buy health insurance.

EEOC Sues OfficeMax for Retaliating Against Sales Associate

Source: Press Release, EEOC

Hispanic Employee at Sarasota Store Punished for Complaining About Race Discrimination, Federal Agency Charged.

March 27, 2012

Demanding Facebook passwords may be illegal, senators warn bosses

Source: Helen A.S. Popkin , MSNBC

Two U.S. senators asked federal agencies Monday to look into whether employers and colleges that are asking for access to individual Facebook profiles are breaking the law.

The Most Diverse Federal Legal Employer? Yes, It's the EEOC

Source: Jenna Greene, Law.com

The most diverse legal employer in the federal government, as might be fitting, is the U.S. Equal Employment Opportunity Commission, while the least is the Office of the Secretary of the Department of Defense, according to EEOC workplace statistics released this week

Poll: Majority of Supreme Court Insiders Expect Health Care Law Will Be Upheld

Source: Ronald Brownstein , The Atlantic Wire

http://www.theatlanticwire.com/national/2012/03/poll-majority-supreme-court-insiders-expect-health-care-law-will-be-upheld/50334/

March 23, 2012

For long-unemployed, hiring bias rears its head [Article no longer available]

Source: Stephen Singer , Associated Press

Few job seekers who fail to get an interview know the reason, but Michelle Chesney-Offutt said a recruiter told her why she lost the chance to pitch for an information technology position.

FedEx Put Female Employees in the 'Smalls' Section, Obama Official Says

Source: Elizabeth Dwoskin, Business Week

President Obama may heart FedEx (FDX), but his professed affection for the company hasn't stopped his administration from taking the company to task.

Workers at L.A. pot dispensaries form labor union

Source: Kate Linthicum, LA Times

The move is partly aimed at defeating the city's proposed ban on businesses that sell medical marijuana.

March 22, 2012

FedEx Agrees to Pay $3 Million to Settle a Bias Case

Source: Steven Greenhouse, New York Times

The United States Department of Labor has reached a $3 million settlement with the ground delivery unit of FedEx to resolve allegations that the company discriminated against 21,635 job seekers at two dozen FedEx facilities in 15 states.

Should you reveal depression diagnosis at work?

Source: Marie G. McIntyre, Chicago Tribune

Before informing your employer, be sure to check whether ADA applies to your situation.

EEOC report shows little change in federal workforce

Source: Joe Davidson, Washington Post

A report by the Equal Employment Opportunity Commission shows no increase in the percentage of Latinos in the federal workforce and a small increase in people of color in senior-level positions.

March 21, 2012

In tight job market, background checks' influence raises questions [Article no longer available]

Source: Tony Pugh, Kansas City Star

Justin D'Heilly never saw it coming.

Stop sex discrimination in health plan costs

Source: Marcia Greenberger, CNN

Women face shocking disparities when buying health insurance on the individual market.

'Right to Work' Bills Face Uncertain Future in an Election Year

Source: Monica Davey, New York Times

For the first time in more than three decades, Minnesota Republicans are basking in majorities in both chambers of the state Legislature, so on matters that need no signature from the Democratic governor, they can do as they please.

March 20, 2012

At Tall Club, Members' Careers Get an Extra Lift

Source: Joe Piazza, Wall Street Journal

Economists are convinced that height confers a natural advantage in the workplace, but some of the tallest New Yorkers still turn to each other to get a leg up in their careers.

Tea Party Stands With Organized Labor On Georgia Anti-Picketing Law

Source: Dave Jamieson, Huffington Post

Subscribers to an Atlanta Tea Party email list received an alert Monday morning urging them to take a stand against SB 469, a controversial Georgia bill that would criminalize certain forms of mass picketing.

Keeping Your Options Open Could Be Hurting Your Career

Source: Daniel Gulati, Harvard Business Review

Are you the seven-foot superhero, the conniving villain, the strong-willed woman, or the family-man cop?

March 19, 2012

Women on Women Bullying in the Workplace: I was a victim

Source: Fern Ronay, Chicago Now

It never occurred to me that I was being bullied.

Coke's not it: 16 workers sue, call giant 'cesspool' of racial discrimination

Source: John Marzulli, NY Daily News

Say they were given lesser assignments, unfairly disciplined and retaliated against for complaining.

Governor to unions: Back off petition drive against right-to-work

Source: Paul Egan, Detroit Free Press

Gov. Rick Snyder, who has tried repeatedly to discourage conservatives in his party from pursuing right-to-work legislation, now wants unions to back off pushing a ballot proposal that would make such a law unconstitutional.

March 16, 2012

Why Don't Women Act More Like Men at Work?

Source: Alina Tugend, The Atlantic

The office place has emerged from its pre-feminist past, but there are enduring differences in the way men and women conduct themselves professionally. And those differences have consequences.

Chamber challenges Obama's labor appointees

Source: Alexandra Alper, Reuters

Chamber files motion to join suit against NLRB appointments.

Warren Tricomi to Pay $30,000 to Settle EEOC Pregnancy Discrimination Suit

Source: Press Release, EEOC

Federal Agency Charged Hair Salon With Rescinding Promotion And Firing Employee After Learning of Pregnancy.

March 15, 2012

Hal Leonard to Pay $150,000 to Settle EEOC Sexual Harassment Charge

Source: Press Release, EEOC

Class of Female Employees at Music Publisher Endured Physical and Verbal Abuse, Federal Agency Charged.

How to get a job: Work for free

Source: Jennifer Alsever, CNN

Employers increasingly are asking job candidates to perform work for them gratis as part of the interview process. Here's how to do it right - and win the position.

Disillusionment often resonates with others; lessons can be learned from employee who sounds off, especially in a reasoned manner

Source: Elizabeth Crisp, St. Louis Today

Many Missouri lawmakers want to protect gun owners from any threat of workplace discrimination, just as state residents currently are protected for race, religion and gender.

March 14, 2012

Why are wages still stagnant? Blame the labor market

Source: Brad Plumer, Washington Post

While the last few jobs reports have been encouraging, not everything about the labor market looks rosy.

Three in 10 workers say workplace not psychologically safe

Source: Patricia Reaney; editing by Paul Casciato, Reuters

Companies around the globe have work to do to improve worker satisfaction because only three in 10 employees say their workplace is psychologically safe and healthy.

Omaha narrowly approves law to protect gays from discrimination

Source: Mary Wisniewski and Andrew Stern, Reuters

Omaha on Tuesday narrowly approved anti-discrimination protections for gays and transgender residents, leaving about a dozen of the largest U.S. cities without legal protections based on sexual orientation.

March 13, 2012

Personal Time Gets Short Shrift

Source: Sarah E. Needleman, Wall Street Journal

Last month, Angel Wilkes came down with a cold that should have kept her bedridden for several days.

Menorah House Settles EEOC Religious Discrimination Lawsuit

Source: Press Release, EEOC

A Boca Raton nursing and rehabilitation facility will pay $125,000 to settle two religious discrimination lawsuits brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

If you're a worker, you're being Googled

Source: Ruth Mantell, MarketWatch

If you're a worker, you're being Googled.

March 12, 2012

Ways to know your workplace worth -- and increase it

Source: Cindy Krischer Goodman, Chicago Tribune

The concept of workplace worth is scary to many people.

No health benefits? How to shop for a solo plan

Source: Amanda Gengler, CNN

The days when you could count on having health coverage through a job are long gone.

Firm sexual harassment policies benefit business [Article no longer available]

Source: Dr. Daniel Bober, Miami Herald

Sexual harassment is not about sex. It is about power.

March 9, 2012

Think Again: Labor and the 'Civil Right' to Organize

Source: Eric Alterman , Huffington Post

"After decades during which their numerical strength has slowly but steadily declined, U.S. trade unions are now facing an unprecedented assault from a radicalized Republican right. Legislation is advancing to strip collective-bargaining rights or membership from unions."

What Are The Signs Of Workplace Violence?

Source: Washington Post, Forbes

Michael Staver, a Jacksonville, Fla. corporate and executive coach who used to work as a psychologist in a mental hospital, recalls the time a marketing director lost it at a firm where Staver was coaching.

Legislation might help smaller firms offer retirement plans

Source: Christine Dugas, USA Today

Many small-business owners say that they want to offer their workers a retirement plan but obstacles are holding them back.

March 8, 2012

Rugo Stone to Pay $40,000 to Settle EEOC National Origin, Religion and Color Bias Lawsuit

Source: Press Release, EEOC

Company Subjected Employee of Pakistani Origin to Harassment, Federal Agency Charged

Settlement Conference Set in Age Bias Suit against Kelley Drye

Source: Joe Palazzolo, Wall Street Journal

The Equal Employment Opportunity Commission and Kelley Drye & Warren appear to be close to a settlement over claims that the firm discriminated against a partner who was stripped of his equity share under a mandatory retirement policy.

Diversity in the workplace: Creating long term business solutions

Source: Fahima Haque, Washington Post

If Martin Davidson had his way, the recent media flubs concerning Jeremy Lin could have been avoided.

March 7, 2012

EEOC Updates Agency Publications On Rights of Veterans With Disabilities

Source: Kevin P. McGowan, Bloomberg

The Equal Employment Opportunity Commission has released two revised publications addressing the rights of veterans with disabilities under the Americans with Disabilities Act, the agency announced Feb. 28.

Bill will eliminate compensatory and punitive damages under Wisconsin's Fair Employment Act

Source: Saul C. Glazer, State Bar of Wisconsin

The Wisconsin Legislature on Feb. 22 passed a bill that eliminates compensatory and punitive damages awards for violations of Wisconsin's Fair Employment Act (WFEA).

Wal-Mart Asks Judge to Reject Texas Class-Action Bias Suit

Source: Tom Korosec, Bloomberg

Wal-Mart Stores Inc. (WMT) asked a federal judge in Dallas to reject a proposed class-action lawsuit in which women allege that the world's largest retailer discriminated against Texas female workers over pay and promotions.

March 6, 2012

Ruling may not settle many controversies

Source: Jack Katzanek, Press Enterprise

The United States District Court for the District of Columbia stopped short of making it an automatic labor law violation to fail to post this notice.

Send a Message to the Women in Your Company

Source: Boris Groysberg, Harvard Business Review

Every day, of course, is a good day to work on improving the way that you engage and communicate with your people.

When nobody (and everybody) is the boss

Source: Polly LaBarre, CNN Money

The best bosses understand that their power comes not from maintaining control, but from devising ways to unleash more freedom, creativity, and contribution.

March 2, 2012

What CEOs Hate About HR People

Source: Meredith Soleau, Fistful of Talent

After my last post here at FOT, I walked into my CEO's office, with my tail between my legs, my head held down in shame, and I told him I had been officially blackballed by the HR community.

A Civil Right to Unionize

Source: RICHARD D. KAHLENBERG and MOSHE Z. MARVIT, New York Times

From the 1940s to the 1970s, organized labor helped build a middle-class democracy in the United States.

6 Miami Capital Grille workers join class action suit against Darden [Article no longer available]

Source: Elaine Walker, Miami Herald

Six Miami Capital Grille workers have joined a national class action lawsuit against the restaurant and its Florida-based parent company Darden Restaurants.

March 1, 2012

US Department of Labor announces H-2A worker program updates

Source: News Release, Department of Labor

New resources and updates part of ongoing commitment to optimizing performance and customer service.

Conn. workers call for raising the minimum wage [Article no longer available]

Source: AP, CBS

Low-wage workers, economists and others are pushing Connecticut lawmakers to support legislation that would raise the state's minimum wage during the coming years and eventually tie it to inflation.

Does Paternity Leave Hurt Women?

Source: Rachel Emma Silverman, Wall Street Journal

Fathers often talk the talk about sharing parenting duties with mothers when it comes to a newborn.

February 29, 2012

EEOC Issues Revised Publications on Employment of Veterans with Disabilities

Source: Press Release, EEOC

User-Friendly Documents Clarify Impact of ADAAA; Commission Will Participate in Employment Conference Sponsored by U.S. Army Wounded Warrior Program.

When illegal interview questions are legal

Source: Suzzane Lucas , CBS

My MoneyWatch colleague Dave Johnson recently wrote a post about illegal job interview questions.

Workers fear more cuts in retirement benefits

Source: Christine Dugas , USA Today

The economic recovery has not made Americans feel more secure about their financial future.

February 28, 2012

Would-Be Law Prof Loses Age Bias Suit

Source: Debra Cassens Weiss, ABA Journal

An Iowa jury has ruled against a Michigan lawyer who claimed the University of Iowa discriminated against him on the basis of age when he didn't get an interview for a law school faculty job.

Guest commentary: Equality is good for business - and government

Source: Christy Mallory, Detroit Free Press

Recently, President Obama has been called on to issue an executive order prohibiting sexual orientation and gender identity discrimination by federal contractors.

Guest commentary: Equality is good for business - and government

Source: Christy Mallory, Detroit Free Press

Recently, President Obama has been called on to issue an executive order prohibiting sexual orientation and gender identity discrimination by federal contractors.

February 27, 2012

How to Fix Executive Compensation

Source: Alex Edmans, Wall Street Journal

For starters, don't link pay packages just to stock. Tie them to debt as well.

Remarkable hiring stories

Source: Andy Butler, CNN

When it comes to hiring, these small business owners have remarkable stories about employees going the creative distance to nail the jobs.

One Man Standing Against Race-Based Laws

Source: Morgan Smith, New York Times

Edward Blum has the kind of zeal for public policy that usually leads to a career in politics.

February 24, 2012

US Labor Department concludes settlement restoring $32 million to Tribune Co. employee stock ownership plan

Source: News Release, Department of Labor

The U.S. Department of Labor's Employee Benefits Security Administration has announced that the Tribune Co., GreatBanc Trust Co. and various insurance carriers have completed funding of a global settlement in the amount of $32 million to be allocated among the Tribune Employee Stock Ownership Plan's participants, and to pay for legal and administrative expenses. The settlement is with, among others, the department and the plaintiffs in a private class action lawsuit, and resolves the department's claims of violations of the Employee Retirement Income Security Act.

Measures Aim to End Bias Against Long-Term Jobless

Source: Shelly Banjo, Wall Street Journal

More than a dozen states are considering legislation to make it illegal for companies to discriminate against the unemployed

Baltimore County approves transgender discrimination ban; 4th Md. govt. to adopt protections [Article no longer available]

Source: AP, Washington Post

Baltimore County has become the fourth local government in the state to approve a measure protecting transgender people from discrimination.

February 23, 2012

Plaintiffs appealing Vegas casino age bias ruling [Article no longer available]

Source: AP, Sacramento Bee

Six former Las Vegas Strip casino spa employees are asking an appeals court to overrule a federal judge and let a jury decide if they were dismissed because of their ages.

When Should You Tell Your Boss You're Pregnant?

Source: Tiziana Casciaro & Lotte Bailyn, Harvard Business Review

An interview with Tiziana Casciaro and Lotte Bailyn on the HBR case study When to Make Private News Public.

How Age Discrimination Is Legal in Illinois

Source: David Wolinsky, NBC

If you run your own company or are part of the management at a startup, consider this: Would you like to avoid hiring all twentysomethings?

February 22, 2012

Ready Mix to Pay $400,000 To Settle EEOC Racial Harassment Lawsuit

Source: Press Release , EEOC

Class of Blacks Subjected to Noose Display and Racial Slurs, Federal Agency Charged

Debate over conscience in the workplace intensifies

Source: Stephanie Simon, Reuters

Can a state require a pharmacy to stock and dispense emergency contraception - even when the owner considers the drug immoral?

Federal worker prevails in discrimination case against Social Security

Source: Joe Davidson, Washington Post

During this extended period of cloudy federal employee horizons comes a wee bit of sunshine, the story of a worker who took on Uncle Sam and won.

February 21, 2012

When is it okay to quit without giving notice?

Source: Suzzane Lucas , CBS News

The general rule is that you don't quit a job without notice unless one of the following conditions apply:

Pregnancy bias is alive and well in America

Source: Eve Tahmincioglu, MSNBC

It's hard to imagine we still have to tell employers this today, but here goes: Pregnancy discrimination is illegal.

Blindsided by changing workplace and economy, Baby Boomers new mantra is 'work til you drop' [Article no longer available]

Source: John Rogers, Star Tribune

When Paula Symons joined the U.S. workforce in 1972, typewriters in her office clacked nonstop, people answered the telephones and the hot new technology revolutionizing communication was the fax machine.

February 20, 2012

Court hearing planned for Utah's immigration law [Article no longer available]

Source: Josh Loftin, CBS

Attorneys on both sides will have an opportunity on Friday to argue the constitutionality of the measure.

Graying workforce creates more complex world for employers

Source: Marjorie Censer, Washington Post

The economic forces reshaping the global economy are prompting many local companies to pay new attention to an often overlooked form of diversity: The age of their workers.

We Can't Wait: How Obama Can Stop Discrimination Now

Source: Tico Almieda, Huffington Post

I have always considered Elizabeth Birch, the former head of the Human Rights Campaign (HRC), to be a smart and savvy leader for our civil rights movement.

February 17, 2012

EEOC: Bias against pregnant workers persists

Source: Christopher Seward, Atlanta Journal Constitution

Pregnant workers still face the threat of firings and other discriminatory practices despite a federal law against such practices, according to the Equal Employment Opportunity Commission and an MSN report.

Home health industry fights minimum wage rule

Source: Kelly Kennedy , USA Today

Home health care companies are leading the fight against an Obama administration proposal to require them to pay their workers the minimum wage, despite data showing that the industry was one of the few nationally to maintain profits during the worst of the recession.

Workplace Discrimination for Caregivers: A Reality

Source: Lauren Weber, Wall Street Journal

Discrimination against caregivers is still a reality in the American workplace, reports Melanie Trottman in a story in today's Wall Street Journal.

February 16, 2012

Working pregnant women face rampant discrimination: agency

Source: Ian Simpson, Chicago Tribune

Discrimination is still widespread and needs to be combated with publicity and clearer guidelines, according to testimony Wednesday at a federal hearing.

G.M. Changes Pensions for Salaried Workers

Source: Nick Bunkley, New York Times

General Motors said Wednesday that its salaried employees would stop accumulating pension benefits later this year as the company tried to narrow a large shortfall in its retirement funds.

Age Discrimination Suits Jump, But Wins Are Elusive

Source: Yuki Noguchi , NPR

For older Americans looking for work, finding a job can be a tremendous challenge. Someone 55 or older will typically take three months longer to find employment than the average job seeker.

February 15, 2012

Convincing a cynical workforce that change is necessary

Source: Tom Fox, Washington Post

How do you convince a cynical workforce that change is really necessary?

When you're stuck between bickering bosses

Source: Workplace Maven, Democrat & Chronicle

In my job, I have to collaborate across several different departments.

Settlement distributes more than $300,000 to unlawfully discharged workers in Texas

Source: Office of Public Affairs , NLRB

In a settlement with the National Labor Relations Board, a Texas scaffolding company has agreed to pay $323,116 in backpay, per diem and interest to 73 former employees who were discharged in violation of federal labor law.

February 14, 2012

Obama to backers: Pressure Congress on payroll tax cut

Source: USA Today

President Obama is urging supporters to pressure Congress to extend the payroll tax cut before it expires at the end of the month.

What Retirement? Seniors Are Getting Back To Work

Source: Yuki Noguchi , NPR

At 75, many people imagine they'll be retired and spending their time playing cards or on a golf course.

Hostility in the air at workplaces this Valentine's Day

Source: Matt Stevens, LA Times

As Valentine's Day approaches, many workplace managers are keeping an eye out for workplace romance that can destroy productivity.

February 13, 2012

Use it or lose it: Your voice is valuable in the workplace

Source: Andrea Kay , USA Today

Last week I came down with one of those throat things going around that starts with desert dry-fire in your gullet and turns into a raging body temperature.

How Fun Is Your Workplace? (And Why It Matters)

Source: Gretchen Rubin, Huffington Post

In The Levity Effect: Why it Pays to Lighten Up, Adrian Gostick and Scott Christopher make an interesting argument that "levity" is an extremely effective tool for helping people to work better.

Judge: Firing for lactation not sex discrimination

Source: KHOU-TV, USA Today

Is firing a woman because she wants to pump at work sexual discrimination?

February 10, 2012

PepsiCo Unions Seek NLRB Help to Fight $50 Tax on Fat, Smoking

Source: Holly Rosenkrantz, Bloomberg Business Week

Teamster union members at PepsiCo Inc. in upstate New York are seeking National Labor Relations Board help to fight the company's health-care policy that charges employees $50 a month when they smoke or have medical issues that may trigger weight gain.

Tilted Kilt sued for sexual harassment

Source: Becky Yerak, Chicago Tribune

Nineteen women who worked at a Tilted Kilt on Wabash Avenue have filed a sexual harassment lawsuit on Wednesday against the Celtic-themed sports bar, known for their servers who wear skimpy outfits.

Quinn: Ban hiring discrimination against jobless

Source: AP, Wall Street Journal

The New York City Council will make it illegal for city employers to refuse to hire applicants because they are out of work, Speaker Christine Quinn said Thursday in her State of the City speech.

February 9, 2012

Workplace Violence and the 'Bad Apple' Myth

Source: Laura Walter, EHS Today

According to the new documentary "Murder by Proxy: How America Went Postal," workplace violence stems not from one bad apple but rather a toxic workplace culture.

Overtime bill pits needs of high-tech employers vs. workers

Source: Franco Ordonez, LA Times

High-tech workers across the country could see smaller paychecks under an industry-led campaign to revise labor laws to further limit overtime benefits.

Arizona Lawmakers Target Public Workers' Unions

Source: Tedd Robins , NPR

Labor unions are scheduled to rally in front of the Arizona State Capitol Thursday afternoon to protest four bills quickly moving through the state legislature that could make last year's Wisconsin labor laws look modest by comparison.

February 8, 2012

Employers, workers navigate pitfalls of social media

Source: Doug Gross, CNN

If you've ever wondered what a social-media presence is worth in an increasingly digitized business world, just ask Noah Kravitz's former employers.

Professional Media Corporation to Pay $58,000 To Settle EEOC Disability Bias Suit

Source: Press Release, EEOC

Health Magazine Harassed and Fired Worker With Disabilities, Made Newly Hired Workers Sign 'Health Warranty,' Federal Agency Charged.

Court Strikes Down Ban on Gay Marriage in California

Source: Adam Nagourney , New York Times

A federal appeals court panel on Tuesday threw out a voter-approved ban on same-sex marriage passed in 2008, upholding a lower court's ruling that the ban, known as Proposition 8, violated the constitutional rights of gay men and lesbians in California.

February 7, 2012

EEOC Settles Disability and Age Discrimination Suit against DXP Enterprises

Source: Press Release, EEOC

Company Pays $120,000 to Woman Fired Because of Prior Back Injury and Age

The Days of "Manager Knows Best" Are Ending

Source: Sujai Hajela, Harvard Business Review

To get a glimpse of what tomorrow's young global managers might be like as leaders, take a look at how today's young people think about communications.

What Obama Should Do About Workplace Discrimination

Source: M.V. Lee Badget, New York Times

LAST week, the defense contractor DynCorp International announced that it had changed its corporate policies to forbid discrimination on the basis of sexual orientation or gender identity.

February 6, 2012

Unions Create TV Ad To Appeal To Young People

Source: Richard Gonzales, NPR

At a time when young activists from Zucotti Park to Tahrir Square have shown what the internet and social media can do to help organize people, some American unions have been taking notes.

Employers should review job postings for conflicts with ADA

Source: Leslie Beale, Knoxville Biz

When hiring, most employers include educational requirements as part of the qualifications for a job.

Michigan's 'right to work' debate intensifies

Source: AP, Chicago Tribune

Indiana's move to become the Rust Belt's first "right-to-work" state has intensified debate over the issue in neighboring Michigan.

February 3, 2012

Women file sex-bias claims against Wal-mart with EEOC

Source: Andrew Harris, Bloomberg

More than 500 women, former and current employees of Wal-Mart Stores Inc., have filed sex discrimination complaints with the Equal Employment Opportunity Commission.

Lawsuit raises questions about email privacy at work

Source: Jaikumar Vijayan, Computer World

FDA whistleblowers say agency violated their rights by extensively monitoring personal communications.

Minimum wage rates may climb this year

Source: Paul Davidson , USA Today

At least 17 states recently raised the minimum wage or are considering doing so in 2012, the most in at least six years.

February 2, 2012

L.A. Fire Department Settles EEOC Harassment & Retaliation Case for Nearly $500,000

Source: Press Release, EEOC

Firefighter Tormented by Sexual and Religious Harassment & Disciplined in Retaliation for Participating in Another Firefighter's Discrimination Proceeding

Indiana enacts 'right to work' law

Source: Michael Muskow, LA Times

Gov. Mitch Daniels signs legislation making Indiana the 23rd state with a 'right to work' law, which allows workers to avoid paying union dues. Opponents say they will try to repeal it.

Former Intern Sues Hearst Over Unpaid Work and Hopes to Create a Class Action

Source: Steven Greenhouse, New York Times

A former unpaid intern for the fashion magazine Harper's Bazaar filed a lawsuit on Wednesday.

February 1, 2012

How to Work with Someone You Hate

Source: Amy Gallo, Harvard Business Review

Working with someone you hate can be distracting and draining.

Should Businesses Worry About Appearance-Based Discrimination in the Workplace?

Source: Evangeline Gonzales, Forbes

Conventional wisdom and research posits that, in addition to popularity and access to their choice of a mate, attractive people tend to get higher evaluations and salaries than their peers and more favorable judgments in trials.

Generational stereotypes entering the workplace

Source: Lisa Thorton, The Charlotte Observer

Glen Swyers owns an iPad and a smartphone. He's known for decades how to work a computer.

Citigroup unit to pay $500,000 in age bias case

Source: Suzanne Barlyn, Reuters

A unit of Citigroup must pay $500,000 to a former branch manager who alleged the company fired him because of his age.

January 31, 2012

EEOC Wins Preliminary Injunction to Prevent Retaliation Against Pitre, Inc. Employees

Source: Press Release, EEOC

Federal Court Issues 'Extraordinary Remedy' in Class Male-on-Male Sexual Harassment and Retaliation Suit Filed Against Albuquerque Car Dealership

Pregnant, and Pushed Out of a Job

Source: Dina Bakst, New York Times

FEW people realize that getting pregnant can mean losing your job. Imagine a woman who, seven months into her pregnancy, is fired from her position as a cashier because she needed a few extra bathroom breaks.

Michelle Obama, Labor Secretary Hilda Solis propose more job protection for military caregivers

Source: Washington Post

First lady Michelle Obama joined Labor Secretary Hilda Solis Monday to propose an expansion to the Family and Medical Leave Act (FMLA) that would give more job protection to military caregivers.

January 30, 2012

Union membership up slightly, outlook in doubt

Source: Sam Hananel, USA Today

Union membership grew slightly last year, giving labor leaders hope that a period of steep declines has finally bottomed out.

With Focus on Income Inequality, Albany Bill Will Seek $8.50 Minimum Wage

Source: John Eligon, New York Times

The Occupy Wall Street encampment at Zuccotti Park is no more, but the focus it brought to income inequality is having an impact in Albany and beyond.

Protecting Religious Staffing by Religious Organizations

Source: Thomas Messner, Wall Street Journal

Abstract: Religious staffing by religious organizations is an established, baseline position in federal law that deserves continued support.

January 27, 2012

Can employers require job applicants to have a high school diploma?

Source: Jim Stergios, Boston.com

I don't know of many employers who think twice about requiring a high school diploma.

Right to work gets first foothold in Rust Belt

Source: Tom LoBianco, Christian Science Monitor

Right to work legislation finally passes House in Indiana. Governor is expected to sign law, which bans labor contracts that force workers to pay union fees.

NLRB warns employers about broad social media policies

Source: Linda Chiem , Pacific Business News

A new report from the National Labor Relations Board says essentially that employers should not craft overly broad social media policies that infringe on employee activities already protected by federal labor laws.

Workplace Snitching: If You See Something, Should You Say Something?

Source: Meghan Casserly, Forbes

One in five employees report they've been the victim of abusive retaliation for reporting bad behavior on the job.

January 26, 2012

Labor board chief says he'll push for changes giving unions a boost in organizing members [Article no longer available]

Source: AP, Washington Post

The chairman of the National Labor Relations Board plans to push for new rules that would give unions a boost in organizing members, despite an outcry from Republicans and business groups who say the board is going too far.

Saying No To Sexual Harassment At Startups

Source: Angie Chang, Wall Street Journal

http://www.forbes.com/sites/women2/2012/01/25/saying-no-to-sexual-harassment-at-startups/

What Is a 'Right to Work' Law?

Source: Jennifer Smith , Wall Street Journal

It's simple, really. Employees in states with right-to-work laws can't be forced to join a union or pay union dues in order to retain their jobs.

January 25, 2012

Private Sector Bias Charges Hit All-Time High

Source: Press Release, EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) received a record 99,947 charges of employment discrimination and obtained $455.6 million in relief through its administrative program and litigation in Fiscal Year 2011.

Make sure references aren't torpedoing your job chances

Source: Anita Bruzzese, USA Today

If you've been frustrated that you haven't managed to nail a new job despite your qualifications and solid interviews, your references could be the root of the problem.

Mean girls at work

Source: Selena Rezvani, Washington Post

In the decades-long battle to fix gender inequity in the workplace, it seems we've been overlooking an obvious part of the problem.

January 24, 2012

Your Résumé vs. Oblivion

Source: Lauren Weber, Wall Street Journal

Inundated Companies Resort to Software to Sift Job Applications for Right Skills.

United Insurance Company of America Pays $37,500 To Resolve EEOC Disability Discrimination Lawsuit

Source: Press Release, EEOC

United Insurance Company of America will pay $37,500 and furnish other relief to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Job bias claims in U.S. at record level

Source: AP, USA Today

Job discrimination complaints in the United States rose to an all-time high last year, led by an increase in bias charges based on religion and national origin.

January 23, 2012

Talking politics in the workplace: Freedom of speech or off-limits?

Source: Greg Dawson, Orlando Sentinel

When Tom Cotton, a robust Republican, discovered that an agent for his insurance company had plastered a withering anti-George W. Bush bumper sticker -- "A village in Texas is missing its idiot" -- on her car, he had to bite down hard on a stick.

Am I Legally Required to Give Bereavement Leave?

Source: Cynthia Hsu, Esq., FindLaw

When your employees lose a loved one, they might ask for bereavement leave. Employers typically want to assist their employees as much as possible. Allowing them to take time off to bury and grieve their loved ones is something that they can offer.

How to identify sexual harassment and stop it

Source: AP, Salt Lake Tribune

What constitutes sexual harassment?

January 20, 2012

Bad Bosses: The Psycho-Path To Success?

Source: Kevin Voigt, CNN

Think you suffer from a "psycho" boss? A small but growing body of global research suggests you might be right.

Set aside anger after workplace accusation

Source: Liz Reyer, Chicago Tribune

Q: I felt recently that my integrity was challenged at work.

With New Law, Profits Take a Back Seat

Source: Angus Loten, Wall Street Journal

A brownie supplier to Ben & Jerry's ice cream, a skateboard maker and a payday lender are among the hundreds of existing businesses that plan to incorporate as "benefit corporations" in coming months.

January 19, 2012

Rafael's Italian Restaurant Settles EEOC Sexual Harassment Suit

Source: Press Release, EEOC

Rafael's Italian Restaurant, a Tennessee restaurant chain, has agreed to pay $25,000 and furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Dealing with nepotism in the workplace

Source: The Maven, Democrat & Chronicle

Recently, there was a promotion that I was eligible for, but instead of going to me, it went to one of my co-workers (who happens to be the son of one of the company's executive vice presidents).

Some employers find those with autism especially suited for jobs

Source: Ashley Johnson, Naperville Sun

Finding steady work in this economy isn't easy. The challenge is magnified for individuals with disabilities such as autism, who often have difficulty with social interaction.

January 18, 2012

Employers' tracking of workers raises privacy concerns

Source: Duane Marsteller, The Tennessean

TN law does not require employers to reveal where, how they're snooping on us.

Supreme Court lets tipped employees sue for more pay

Source: AP, USA Today

The Supreme Court will allow bartenders and servers who make part of their money from tips file lawsuits for more money when they do work that doesn't involve tips.

Unions Try to Boost Image in New Ads

Source: Kris Maher, Wall Street Journal

The AFL-CIO is launching an ad campaign that seeks to bolster the labor movement's image--the first such effort in more than a decade--as unions try to reverse a slide in public approval and membership.

January 17, 2012

Reading this? You can be an executive documentation comprehension evangelist

Source: Forbes, MSNBC

In rush to sound hip, bosses' titles get silly -- in the end, it's power that matters

How to Lower Your Workplace Stress

Source: Wall Street Journal, Ruth Mantell

Your workload has increased, so have your boss's expectations. But scaling back could mean losing a job.

Woman Fired for Working on Lunch Hour Wins Unemployment Benefits Appeal

Source: Debra Cassens Weiss, ABA Journal

A suburban Chicago woman who was fired for working on her lunch hour has won an appeal upholding unemployment benefits.

January 16, 2012

Editorial:Rights in the Workplace

Source: Editorial, New York Times

As a condition of getting and keeping their jobs, millions of employees in the United States have signed agreements to take any disputes with their employers to arbitration rather than court.

Texas Supreme Court ponders age bias lawsuit

Source: Chuck Lindell, Statesman

Can a 48-year-old secretary, fired from a South Texas school, sue for age discrimination when the woman hired to replace her was three years older?

How To Talk To Your Boss And Fix Your Job

Source: Kevin Purdy, Fast Company

It's all too easy to spend long stretches simmering at your desk instead of having a straight-ahead talk with your boss. Here are a few strategies to help you start the conversation.

January 13, 2012

Out in the Workplace? Some U.S. Industries Are Setting an Example

Source: Huffington Post

If you are a gay college student, when you apply for jobs, should you let it show on your résumé, or should you hide it?

Lawsuit: Bias against 'fat, black or ugly' at Panera franchisee

Source: Rich Lord, Pittsburg Post Gazette

A Panera Bread franchisee had a policy of keeping "fat, black or ugly" people off of the cash registers and out of management positions, according to a lawsuit filed in federal court today that seeks class action status.

Age Discrimination Takes Its Toll

Source: Paula Span, New York Times

Two years after the initial survey, those who perceived higher levels of discrimination had poorer health outcomes.

January 12, 2012

Former NLRB Member Strikes Back at Romney's 'Union Stooges' Remark

Source: Melanie Trottman, Wall Street Journal

One former member of the National Labor Relations Board is fighting back after Republican presidential candidate Mitt Romney released a campaign ad slamming the NLRB as "union stooges."

Religious Groups Greet Ruling With Satisfaction

Source: John Cushman, New York Times

Among the more or less predictable reactions from legal adversaries to the Supreme Court's finding that ministers may not bring employment discrimination suits against their churches, there is a pious sentiment to be found here and there -- an appeal to an even higher law.

Pepsi to Pay $3.13 Million and Made Major Policy Changes to Resolve EEOC Finding of Nationwide Hiring Discrimination Against African Americans

Source: Press Release, EEOC

Company's Former Use of Criminal Background Checks Discriminated Based On Race, Agency Found.

January 10, 2012

Where can a federal employee find recourse?

Source: Joe Davidson, Washington Post

It's a case only government lawyers could love.

Lawsuit Pits Political Activism Against Campus Diversity

Source: Adam Liptak, New York Times

Teresa R. Wagner is a conservative Republican who wants to teach law. Her politics may have hurt her career.

Matrix L.L.C. Will Pay $450,000 to Settle EEOC Race Discrimination and Retaliation Lawsuit

Source: Press Release, EEOC

Cleaning Company Fired African-American Employees and White Employee Who Refused to Discriminate, Federal Agency Said.

January 9, 2012

Hear the Lonesome Whistle Blow: Workplace Retaliation

Source: Janice Harper, Huffington Post

No one likes a tattle tale.

The workforce of the future: Older and healthier

Source: Colleen Leahey, CNN

Either by choice or because of financial woes, people will work into their golden years. What happens to the workplace when seniors don't leave?

Bill would prohibit discrimination against unemployed in hiring

Source: Marc Lifsher, LA Times

The proposed legislation would fine California employers or employment agencies that refuse to consider out-of-work applicants for openings.

January 6, 2012

Your Problem Isn't Motivation

Source: Peter Bregman, Harvard Business Review

"Peter," my friend Byron emailed me a few days ago. "I haven't been diligent about working out over the past five years and I'm trying to get back in the gym and get myself into a healthier state.

Strategies to Cope with Workplace Abuse are Often Ineffective

Source: Rick Nauert, Psych Central

For most, dealing with an abusive boss means avoidance, not confrontation, even though confrontation is probably the most effective tactic.

Workplaces ban not only smoking, but smokers themselves

Source: Wendy Koch, USA Today

Twenty-nine states and the District of Columbia have laws that protect smokers' rights (in blue).

January 5, 2012

Supercharging Productivity Through Workforce Innovation

Source: Cory Edwards, Forbes

The relationship between I.T. and each company's human resources is more important than ever.

Breast-feeding at work now protected by law

Source: Eve Tahmincioglu, MSNBC

Breast-feeding avengers may be coming to a workplace near you.

Not Office Safe: Ten Products To Keep Out of the Workplace

Source: Don Reisinger, CIO

Have you really looked around your office lately?

January 4, 2012

Job experts' resolutions for the workplace

Source: Dee DePass, Star Tribune

Resolving to find or keep a job may prove tricky this year.

Employers -- prepare for these tax hikes in 2012

Source: Charlie Wolf, Washington Post

The payroll tax debate on Capitol Hill is putting a spotlight on taxes for everyone in 2012, but especially employers.

Workplace Rudeness Has a Ripple Effect

Source: Winnie Yu

An unpleasant employee can spread stress far beyond the office.

Breast-feeding at work now protected by law

Source: Eve Tahmincioglu, MSNBC

Breast-feeding avengers may be coming to a workplace near you.

January 3, 2012

Incorporating happiness into the workplace

Source: Rex Huppke, Chicago Tribune

Movement to factor it into the bottom line could bode well for employees.

Raising The Minimum Wage: Who Does It Help?

Source: Martin Kaste, NPR

For some of America's lowest-paid workers, the new year means a pay raise.

Men grab most new jobs, even 'women's work' in retailing

Source: Tim Mullaney, USA Today

Men are claiming more than two-thirds of the private-sector jobs created as the economy recovers, reversing a long-running trend that came within a whisker of giving the USA its first-ever majority-female workforce.

January 2, 2012

Job Seekers, Be Creative and Flexible

Source: Ruth Mantell, Wall Street Journal

In 2012, creativity and adaptability will be key to landing and keeping a job for many workers, as staff levels remain lean and employees are expected to respond to a wide variety of demands, experts say.

The NLRB's stacked deck

Source: AP, Post & Courier

President Barack Obama appointed Lafe Solomon acting general counsel in June 2010 during a congressional recess.

How to handle the former workplace enemy, again

Source: Justin Thompson, CNN

One day you come into work merrily sipping your coffee, mentally preparing to make the best of the day ahead of you.

December 29, 2011

Keeping Boomers Fit for Work

Source: James Haggerty, Wall Street Journal

Morning Stretches at Duke Energy, Ice Packs at Harley-Davidson; Firms Adjust to Aging Employees.

Man claims he was fired to make room for 'hot chicks'

Source: Fran Jeffries, Atlanta Journal Constitution

A bartender has filed a gender discrimination lawsuit claiming he lost his job after his employer implemented a 'hot chick' strategy to bring in customers.

We Don't Really Pay Them To Tweet All Day, Do We?

That's what the CEO of a $50M dollar company recently asked his VP of Marketing. "Because if we do we're wasting time and money." Unbelievable, I know.

December 23, 2011

DOL Wins Argument that Federal Law Doesn't Displace Stricter State and Local Safety Requirements

Source: Patricia Smith

In 2008 a construction crane collapsed on the East side of Manhattan, killing seven people and injuring more than twenty.

Millennials to business: Social responsibility isn't optional

Source: Michelle Nunn, Washington Post

Michelle Nunn is CEO of Points of Light Institute, a nonprofit nonpartisan volunteer organization with more than 20 years of history. She is also the co-founder of the HandsOn Network, the volunteer-focused arm of the Points of Light Institute.

Payroll tax bill: Impasse angers workers who could lose $20 a week or more

Source: Tammy Webber , Christian Science Monitor

Payroll tax bill would allow $50,000 a year earner to continue saving $1,000 in taxes annually. Americans are frustrated at the lack of compromise over a payroll tax bill.

December 22, 2011

Unions Win More Freedom to Organize in Workplace

Source: Melanie Trottman, Wall Street Journal

New federal rules unveiled Wednesday will make it tougher for employers to stall union-organizing drives inside the workplace, one of the biggest changes in decades to how workers join unions.

Court sets high bar for employers in discrimination case

Source: West Law, Thompson Reuters

A unanimous state appeals court ruled Tuesday that employers seeking to defeat discrimination actions brought under New York City's human-rights law must explain and prove beyond dispute the non-discriminatory motives for their actions.

Labor Board Adopts Rules to Speed Unionization Votes

Source: Steven Greenhouse, New York Times

The National Labor Relations Board announced on Wednesday that it had adopted new rules that would speed up unionization elections.

December 21, 2011

Workplace Law: Judgment entered in sex discrimination case

Source: Joshua Sudbury , The Tennessean

In recent years, legal scholars and others have speculated as to whether a transgender individual had the right to sue for discrimination based on "sex."

Board adopts amendments to election case procedures

Source: Office of Public Affairs , NLRB

The National Labor Relations Board has adopted a final rule amending its election case procedures to reduce unnecessary litigation and delays. The rule will be published in the Federal Register on Thursday, December 22, and is due to take effect on April 30, 2012.

What Millennials want from the workplace

Source: Sang Tan, Washington Post

When it comes to life on the job, Millennials, who are slated to become half of the workforce in a matter of years, have markedly different goals from their parents. These include a demand for greater social responsibility on the part of their employers.

December 20, 2011

Working Through the Holidays, Sort Of

Source: Mellisa Korn, Wall Street Journal

A new report from office-space company Regus PLC says 64% of U.S. employees will be working the week between Christmas and New Year's, with 56% actually coming into the office.

The Coming War for the Social Workplace

Source: Quentin Hardy , New York Times

The hard-nosed competition for billions in corporate software spending is heading for an improbable showdown: Will the boss "like" that product prototyping cost projection?

The New NLRB Controversy [Article no longer available]

Source: Robert VerBruggen, National Review

While the Boeing and quickie-election crises have been addressed for the time being, the political fights over the National Labor Relations Board continue -- a predictable consequence of the law that created the board.

December 19, 2011

Jim Robinson Ford-Lincoln-Mercury to Pay $56,000 to Settle EEOC Disability Lawsuit

Source: Pam Fessler, EEOC

Car Dealership Fired Salesperson Because of Leg Condition, Federal Agency Charged.

Prepping for Your Annual Review

Source: Eilene Zimmerman , New York Times

It's time for your yearly performance review. You aren't expecting any big surprises, but you still feel a little nervous. How should you prepare for this meeting?

A holiday wish list for the workplace

Source: Rex Huppke, Chicago Tribune

Let's end this work year and start the new one with honesty, better feedback, a little attitude adjustment -- and doughnuts.

December 16, 2011

Wage Protection for Home Care Workers

Source: Steven Greenhouse, New York Times

The Obama administration proposed regulations on Thursday to give the nation's nearly two million home care workers minimum wage and overtime protections.

Disability-Benefits System Faces Review

Source: Damian Paletta, Wall Street Journal

The Social Security Administration has commissioned an independent review of the federal disability system amid concerns it awards benefits to those who don't deserve them and denies benefits to those who do.

Former N.B.A. Employee Says Sexual Harassment Concerns Were Ignored

Source: Howard Beck, New York Times

A former N.B.A. security official says that he repeatedly warned his superiors that women in the office were being sexually harassed or discriminated against.

December 14, 2011

When Are Partners Really Employees?

Source: Joe Palazzolo, Wall Street Journal

At big firms with scads of partners, a pecking order develops.

Three Types of People to Hire Today

Source: G. Michael Maddock and Raphael Louis Vitón, Business Week

Add these individuals to your team, and watch your innovation quotient surge.

Senate to take up payroll tax plan opposed by Obama

Source: Ted Barrett, Kate Bolduan and Tom Cohen, CNN

Following House passage of a Republican plan that would extend the payroll tax cut and speed the process for government approval of the Keystone XL oil pipeline, attention shifted Wednesday to the Senate, where the measure was deemed unlikely to pass because of strong Democratic opposition.

December 13, 2011

Would You Rat Out Your Boss? Majority of Americans Say Yes - For a Price

Source: Sam Gustin, TIME

More than three-quarters of Americans would blow the whistle on wrongdoing at their workplace, according to a newly released survey -- but only if they could do so anonymously.

Lawyer Accused of Seeking Secretary with 'Benefits' Gets One-Year Suspension

Source: Debra Cassens Weiss, ABA Journal

An Illinois lawyer accused of telling an applicant for a secretarial position that the job included "sexual interaction" has been suspended for one year.

Woman who underwent sex change wins workplace discrimination claim

Source: Bill Mears, CNN

Transgender groups are applauding a court ruling in favor of a Georgia woman who sued after claiming she was fired from her state position because of a sex change.

December 12, 2011

No Vacation or Bonus? Workers Say OK

Source: Mellisa Korn, Wall Street Journal

Workers will go to great lengths to hold onto their jobs, according to a new survey.

Dealing with depression difficult in workplace [Article no longer available]

Source: Diane Stafford, Kansas City Star

The way Ryan Lefebvre remembers it, fellow baseball broadcaster Fred White looked at him and asked, "Are you OK?

Dr. Pepper to pay over discrimination claims in LA [Article no longer available]

Source: AP, SF Gate

A federal jury has ordered Dr. Pepper Snapple Group Inc. to pay $18.3 million to six people who sued a Los Angeles bottling subsidiary alleging age discrimination.

December 9, 2011

Moving From Combat to Compassion in the Workplace

Source: Laura B. Martinez, Huffington Post

As concerns about workplace bullying and mobbing bring to light the damaging toll of interpersonal aggression, there remains a disturbing tenor to many of these discussions that leaves me wondering just how possible it will ever be to minimize workplace aggression.

Police dispatcher's Facebook postings lands her in jai

Source: Laura B. Martinez, Brownsville Herald

A police dispatcher has been arrested on harassment charges after she allegedly posted text messages and photos between her husband and a female police officer on her Facebook page.

Religious Discrimination: Right To or Protection From?

Source: Erica Keppler, Huffington Post

In a recent incident of open, hostile, aggressive discrimination against a transgender woman, a store clerk in a Texas Macy's attempted to bar a trans woman from entering a women's fitting room.

December 2, 2011

Job Seekers: Get HR on Your Side

Source: Amy Gallo, Harvard Business Review

Employers are dealing with more job applicants than ever. With thousands of submissions for a single vacancy, companies must be more diligent when sorting the wheat from the chaff.

For Angry Employees, Legal Cover for Rants

Source: Melanie Trottman, Wall Street Journal

Workers fired or disciplined for bad-mouthing employers on social-networking sites are fighting back using a decades-old labor law--a new front in the murky battle over what workers can do and say online.

Does Boeing settlement mean NLRB's actions were for naught?

Source: Alana Semuels, LA Times

Out of all of the Obama administration's appointees, those on the National Labor Relations Board have been among the most productive -- and controversial.

November 30, 2011

20 workplace truisms for up-and-comers

Source: Steve Tobak , CBS

Once in a great while, experience teaches us a lesson that can only be described as an axiom or a truism.

Help Wanted: In Unexpected Twist, Some Skilled Jobs Go Begging

Source: Ben Cassleman, Wall Street Journal

Ferrie Bailey's job should be easy: hiring workers amid the worst stretch of unemployment since the Depression.

US Labor Dept. alleges discrimination by Cargill

Source: Jeanie Nuss, Bloomberg

One of the nation's largest meatpackers systematically discriminated against more than 4,000 qualified applicants who sought entry-level jobs at a turkey processing plant in Arkansas, the U.S. Labor Department said Tuesday.

November 29, 2011

Senate Democrats Propose Extending Payroll Tax Cut

Source: Jennifer Steinhaur , New York Times

Senate Democrats introduced legislation Monday to extend and expand an expiring payroll tax cut, setting the stage for a showdown with Republicans who are almost certain to reject the Democrats' proposal for paying for the cut

Should Legislation Protect the Obese?

Source: New York Times

A recent Gallup survey of absenteeism among unhealthy American workers found that about 86 percent of full-time workers are above normal weight or have at least one chronic condition.

Dodge's Chicken To Pay $190,000 To Former Employee Fired After Suffering From Seizures

Source: Press Release, EEOC

D&H Company, Dodge Brothers, Inc., and Giant Oil Company of Arkansas, Inc., doing business as Savings Station Dodge Stores and Dodge's Chicken Store, will pay $190,000 to settle a disability lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

November 28, 2011

Sleeping Giant at Walmart Wakes -- Its Vast Workforce

Source: Jack Neff, AdAge

Measures to Motivate, Mobilize Staff Are Opening up Opportunities for Consumer Brands.

Sexually harassed interns often feel they have nowhere to turn

Source: Vikki Ortiz Healy, Chicago Tribune

It is not uncommon for the sexual harassment of interns to go unreported, experts say

Look beyond age for effective bosses

Source: Andrea Kay Gannett, USA Today

Some older workers with younger bosses think the latter are "fools with 2-second attention spans who don't know how to hold a face-to-face conversation."

November 23, 2011

Metallic Products Corp. Pays $60,000 To Settle EEOC Age Discrimination Lawsuit

Source: Press Release, EEOC

Company Fired Employee on His 70th Birthday Under Illegal Mandatory Retirement Policy, Federal Agency Charged.

Gen Y Women In The Workplace: What Employers Need To Unlearn And Relearn

Source: Debora Frett, Huffington Post

The key to recruiting, supporting and retaining Gen Y workers may require unlearning what we "know" about this cohort and relearning the importance of flexibility, equality and inclusivity for business success.

Des Moines to bar gender-identity bias

Source: AP, TH Online

The Des Moines City Council has voted to bar discrimination based on gender identity, becoming the ninth Iowa city to do so.

November 22, 2011

Jackson Park Hospital To Pay $80,000 To Settle EEOC Lawsuit For Race And Sex Discrimination And Retaliation

Source: Press Release, EEOC

Agency Charged Black Female Employees Were Segregated in Job Assignments.

Cutting Hours Instead of Jobs

Source: Justin Lahart, Wall Street Journal

Rhode Island, Other States Offer Partial Unemployment for Shortened Workweeks.

Next congressional battle: Payroll taxes

Source: Charles Riley, CNN

With the super committee's failure, lawmakers are now facing a year-end legislative challenge that could have an outsized impact on the economy.

November 21, 2011

Why Training Employees Is Always a High-Wire Act

Source: Rick Wartzman, Bloomberg

Designing the right employee-training programs is as complex as it is crucial

NLRB to Consider Speedier Union Votes

Source: Melanie Trottman, Wall Street Journal

National Labor Relations Board Chairman Mark Pearce has scheduled a Nov. 30 vote on a scaled-back version of a controversial proposal that would speed up union-organizing elections.

Redefining the Union Boss

Source: Kathleen Sharp, New York Times

NOT long ago, truckers pulled off highways across America and tuned in to someone whose CB handle was "Troublemaker."

November 16, 2011

Two decades after Anita Hill: how workplaces are handling sexual harassment

Source: Husna Haq, Christian Science Monitor

Sexual misconduct allegations against GOP presidential hopeful Herman Cain have put a spotlight on secret settlements, which many businesses are turning to in sexual harassment cases.

Workplace harassment drawing wide concern

Source: Scott Clement, Washington Post

Nearly two-thirds of Americans say sexual harassment is a problem in this country.

November 15, 2011

Collaboration's Hidden Tax on Women's Careers

Source: Jill Flynn, Kathryn Heath, and Mary Davis Holt , Harvard Business Review

A few years ago we hosted a seminar for 150 businesswomen.

Transgender bill on the move, chairman sees house vote this week

Source: Kyle Cheney, Boston Herald

A legislative committee has begun polling its members on a long-stalled bill to include transgender residents in the state's non-discrimination laws, setting up a vote in the House this week, according to a top deputy to Speaker Robert DeLeo.

Proskauer Rose Asks Judge to Dismiss Discrimination Suit

Source: Chris Dolmetsch, Bloomberg

Proskauer Rose LLP asked a court to dismiss a lawsuit filed by Elly Rosenthal, its former chief financial officer, in which she alleged the law firm wrongly fired her after she took leave for treatment of breast cancer.

November 14, 2011

Victim of workplace sexual harassment? You may not be alone

Source: Christopher Sign , ABC

For more than a decade, Rebecca Currie has guided victims of workplace sexual harassment, but she says very few actually file a complaint.

Unpaid Interns: Real World Work Or Just Free Labor?

Source: NPR

Over 1 million Americans a year work as interns. About half of them are unpaid.

Framing Discrimination Law: Wal-Mart v. Dukes and Title VII

Source: Sandra Sperino, Jurist

JURIST Guest Columnist Sandra Sperino of the University of Cincinnati College of Law says that the frameworks courts currently use to examine employment discrimination cases are too narrow in scope to deal with the type of discrimination alleged in Wal-Mart Stores, Inc

November 11, 2011

More boomers working past retirement

Source: Jennifer Kerr, USA Today

Ohio Ballot Win for Unions May Not Mean End of Labor Fights

Source: Mark Niquette and Holly Rosenkrantz, Bloomberg

Ohio voters' Nov. 8 repeal of a law limiting collective bargaining for public employees may not stop efforts across the U.S. to curb union power as states face fiscal struggles.

How to Recognize Sexual Harassment in the Workplace

Source: Heather Huhman, US News & World Report

As the victim of sexual harassment in two different previous workplaces, I think it's important that everyone understands what constitutes sexual harassment and what steps they should take to alleviate the situation.

November 10, 2011

Health Law Survives Test in Court of Appeals

Source: John Schwartz, New York Times

A federal appeals court in Washington upheld the Obama administration's health care law on Tuesday in a decision written by a prominent conservative jurist.

Ohio Vote on Labor Is Parsed for Omens

Source: Steven Greenhouse & Sabrina Tavernese, New York Times

The landslide vote to repeal an Ohio law that limits collective bargaining has sounded a strong note of caution for Republican governors and lawmakers across the country.

California Supreme Court ponders work break rules [Article no longer available]

Source: Maura Dolan, LA Times

Jurists appear to be leaning toward flexibility for non-unionized hourly workers on whether to take breaks.

November 9, 2011

Obama Takes Aim At Contractors Who Discriminate

Source: Dave Jamieson, Huffington Post

With an unemployment rate of 13 percent among workers with disabilities, the Obama Administration is now wielding one of the few sticks it has to combat hiring discrimination against Americans with disabilities -- federal tax dollars.

Reported incidents down, but sexual harassment in workplace remains prevalent

Source: Katherine Yung & Patricia Montemurri, Detroit Free Press

A lot has changed in the American workplace since the "Mad Men" era, when sexual harassment was rampant.

Wal-Mart Plans Ambitious Expansion Into Medical Care

Source: Julie Appleby & Sarah Varney, NPR

Wal-Mart wants to be your doctor.

Ohio Turns Back a Law Limiting Unions' Rights

Source: http://tinyurl.com/cw5llra, New York Times

A year after Republicans swept legislatures across the country, voters in Ohio delivered their verdict Tuesday on a centerpiece of the conservative legislative agenda, striking down a law that restricted public workers' rights to bargain collectively.

November 8, 2011

Comfort Suites To Pay $132,500 For Disability Discrimination Against Clerk With Autism

Source: Press Release, EEOC

Hotel Fired Clerk After Denying Him a State-Paid Job Coach, Charged EEOC.

Senate Acts on 2 Pieces of Proposal on Hiring

Source: Mark Landler & Jennifer Steinhaur, New York Times

The Senate on Monday cleared the way for a measure that would repeal a tax withholding program on government contractors and provide tax incentives for companies that hire veterans.

Maverik Agrees To Pay $115,000 To Settle EEOC Lawsuit For Disability Discrimination

Source: Press Release, EEOC

Employee Unlawfully Fired Because of HIV Status, Federal Agency Charged.

November 7, 2011

Sexual Harassment's Legal Morass

Source: Curt Levey, Wall Street Journal

Even an employer who avoids trial and prevails on summary judgment will ring up a defense bill of $100,000.

Stop Avoiding Office Politics

Source: Linda H Hill & Ken Lineback , Harvard Business Review

"I won't do it," he said. "I don't care who they are; I won't buddy up to people I don't like and respect just because I want something from them."

Probation for a 48-Year-Old Employee?

Source: Liz Ryan, Business Week

Kevin's crime was speaking out too aggressively and his manager wanted to take him down. In stepped a human resources pro.

November 4, 2011

Racist picture center of discrimination lawsuit

Source: Christine Dobbin, ABC

Santa Claus, a Klu Klux Klan hood and a burning cross -- those three things are at the center of a discrimination lawsuit three workers have filed against their former employer.

Showing Disruption of Work Is Key to Success of Harassment Cases

Source: Brent Kendall & Ashby Jones, Wall Street Journal

People may have many different behaviors in mind when they talk about sexual harassment, but in the legal arena, making a case often hinges on whether the conduct is pervasive or serious enough to disrupt an employee's work, lawyers say.

Maternity leave: 4 tricks for going back to work

Source: Amy Levin-Epstein, CBS

The return from maternity leave is a key juncture in a woman's career.

November 3, 2011

Wal-Mart Discriminated Against Women Workers in Texas, Suit Says

Source: Margaret Cronin Fisk and Karen Gullo, Bloomberg

Wal-Mart Stores Inc. discriminated against female workers in Texas, shortchanging them on pay and promotion opportunities, lawyers for the women said in a complaint.

How Technology Is Eliminating Higher-Skill Jobs

Source: Chris Arnold, NPR

The U.S. economy hit an important milestone last week: gross domestic product, the sum of all goods and services produced in the country, returned to pre-recession levels.

What Herman Cain's fundraising bonanza says to women about sexual harassment

Source: Susan Brooks Thistlethwaite, Washington Post

As the story of the sexual harassment allegations against GOP presidential candidate Herman Cain broke, Cain had his best 24-hour fundraising stretch.

November 2, 2011

Volunteering Rises on the Résumé

Source: John Leland, New York Times

Volunteer experience has long been a secondary consideration in people's career portfolios.

Reorganizing? Think Again

Source: Ron Ashkenas, Harvard Business Review

But what they won't tell you is the one sport that all managers play the most: The Game of Reorganization.

Health of U.S. Workforce Continues to Decline, Driving Up Employer Costs, According to Annual Index from Thomson Reuters

Source: Press Release, Reuters

The unhealthy behaviors of the U.S. workforce now cost employers an average of $623 per employee annually, according to the Thomson Reuters Workforce Wellness Index.

November 1, 2011

California's Retirement-Age Increase Puts State in Rare Company [Article no longer available]

Source: Christopher Palmeri, SF Gate

Governor Jerry Brown's proposal to raise the age when most public workers can retire with full benefits to 67, from 55, would put California in the company of just three other states.

California employers embrace E-Verify

Source: Matt O'Brien, Mercury News

Illegal immigrants will have a harder time securing a job -- some jobs, at least -- as more Bay Area employers screen new hires through an immigration records check.

Workplace incivility is no laughing matter

Source: Sarah Sutschek, Northwest Herald

Karla Dobbeck's clients tell her they have an employee with a bad attitude, a harassment issue, or a bully on hand.

October 28, 2011

Liberating Data for Mainstream America

Source: Deputy Secretary, Seth Harris, Department of Labor

In July the Labor Department launched its first-ever contests to spur the software developer community to create "apps," or smartphone and computer applications, that would be useful for the public.

What Happened to the Gen Y Work-Life Revolution?

Source: Samantha Parent Walravens, Huffington Post

The work-life conflict of my generation -- Generation X, or those born between 1965 and 1980 -- has been defined by the unrealistic expectations that women, primarily, have placed on themselves to "have it all".

Female Wal-Mart Employees File New Bias Case

Source: Andrew Martin, New York Times

Four months after the Supreme Court tossed out their national class-action lawsuit, lawyers representing women who claimed that Wal-Mart Stores had discriminated against them filed a new lawsuit on Thursday that narrowed their claims to the California stores of the retail chain.

October 27, 2011

Deep Backlog Is Detailed at New York City's Bias Watchdog

Source: David Chen, New York Times

New York City's watchdog on discrimination issues has fallen so far behind on its workload that it should consider private financing to compensate for chronic budget cuts, according to an audit from the city comptroller, John C. Liu.

Enough With the Corporate Pity Party, It's Time to Create Jobs

Source: Kimberly Freeman Brown, Huffington Post

The country is in crisis. Unemployment is still hovering at 9 percent, income inequality has soared to record levels, and 46 million -- one in six -- Americans are living in poverty.

Employers May Not Rush To Drop Health Coverage After All

Source: Julie Rovner, NPR

Despite claims to the contrary, a insightful economic analysis suggests that it wouldn't be in most employers' business interests to stop providing health insurance when the main coverage provisions of the federal health overhaul kick in.

October 26, 2011

Reality TV approach to job search can derail prospects

Source: Anita Bruzzese , USA Today

Sometimes it can be frustrating as a job seeker when you're trying to get the attention of an employer.

5 Steps To Taking Charge of Your Career

Source: Suzane Lucas , bNet

This isn't a question, just a thanks to helping me with my career. I've been at the same organization since I was 24 and I am about to turn 32.

AT&T settles EEOC nationwide age bias lawsuit

Source: Jonathan Stempel, Reuters

AT&T Inc has settled a nationwide lawsuit by a U.S. agency accusing it of age discrimination for refusing to rehire tens of thousands of workers who had retired from the largest U.S. telephone company.

October 25, 2011

US Labor Department publishes final regulation to improve access to quality investment advice

Source: News Release, Department of Labor

Regulation implements prohibited transaction exemption under 2006 Pension Protection Act.

Religion in the workplace is an issue on the rise

Source: Hugh Willet , Knoxville Biz

Equal Employment Opportunity Commission and Department of Justice statistics indicate that complaints of religious harassment in the workplace are on the rise.

Musician suing for age bias who complained about elderly judge reassigned same 88-year-old judge

Source: Scott Shifrel , New York Daily News

Violinist Martin Stoner, 60, is suing for age-discrimination because he was barred from the Young Concert Artists competition.

October 24, 2011

IRS Boosts Maximum 401(k) Contribution [Article no longer available]

Source: AP, NPR

The Internal Revenue Service is raising the maximum contribution that workers can make to their 401(k) pension plans without paying upfront taxes. The limit will rise by $500 to $17,000 next year.

Hertz fires 26 Muslims in Sea-Tac prayer dispute [Article no longer available]

Source: AP, Atlanta Journal Constitution

More than two dozen Somali Muslim drivers for Hertz at Seattle-Tacoma International Airport are being fired after refusing to clock out for daily breaks during which they normally pray.

No more hiding: Alzheimer's vs. the workplace [Article no longer available]

Source: Diane Stafford, Kansas City Star

Confronting an employee who exhibits symptoms of dementia requires careful navigation of Americans with Disabilities, Genetic Information Nondiscrimination and human rights acts.

October 20, 2011

Starting salaries for white-collar workers expected to get a boost

Source: Allison Linn, Life Inc.

If you're lucky enough to land a white-collar job next year, you also may get a slightly better salary offer than folks who were hired this year.

Occupy Wall Street reacts to Goldman Sachs pay

Source: CNN

Goldman Sachs has set aside $10 billion for staff pay so far this year, or roughly $292,000 per employee. That's down $78,000 from last year.

Labor Advocates Won't Let Up Against Jobless Discrimination

Source: Jordan Howard, Huffington Post

For the past several months one labor advocacy group has continuously hammered companies that list job postings discriminating against the jobless

October 18, 2011

As open enrollment starts, employers push health

Source: Carrie Teegardin, Atlanta Journal Constitution

Employers make push for wellness as costs go up, packages go out.

Is Religion Above the Law? [Article no longer available]

Source: Stanley Fish

The religion clause case recently argued before the Supreme Court -- Hosanna-Tabor v. EEOC -- centers on the "ministerial exception.

Income Disparity And The 'Price Of Civilization'

Source: NPR Staff, NPR

The Occupy Wall Street movement has been criticized for lacking focus -- but its main slogan seems to be resonating.

October 17, 2011

Thomasville City Schools Settle EEOC Age Discrimination Suit

Source: Press Release, EEOC

Federal Agency Obtains $25,000 for School Teacher Who Was Denied Promotion to Assistant Principal Due to Her Age.

Ohio Wages Fierce Fight on Collective Bargaining

Source: Steven Greenhouse, USA Today

The push to repeal the law, enacted by the Republican-led legislature in March, will be one of the biggest battles in the country this Election Day, with the law's supporters and opponents expected to spend in total more than $20 million in the fight.

Anita Hill still looking to make a difference

Source: Cassandra Spratling, USA Today

When Sandra Kent began working on bringing Anita Hill to Detroit, she was shocked that her 17-year-old granddaughter didn't know who Hill was.

October 13, 2011

Challenging Perceived Wisdom ... are our workplace preconceptions valid?

Source: Samantha Thorton, JC Associates

Our new study of workplace reality is the largest and most far-reaching in terms of both scale and scope.

Obama vows to break jobs plan into separate bills after Senate setback

Source: Alan Silverleib, CNN Politics

Shortly after his $447 billion jobs plan stalled Tuesday in the Senate, President Barack Obama vowed to break the broad initiative down into numerous, separate bills -- potentially setting up even more showdowns between Democrats and Republicans on how to boost the economy and where to get the money to do so.

Solving the Health Care Cost Crisis

Source: Michael Porter & Robert Kaplan , Harvard Business Review

Michael Porter and Robert S. Kaplan, Harvard Business School professors and authors of the HBR article How to Solve the Cost Crisis in Health Care, explain why providers must start with proper measurement.

October 12, 2011

Minimum wage to rise in eight states

Source: Tami Luhby, CNN Money

Minimum-wage workers in eight states could see their paychecks grow by hundreds of dollars next year, thanks to automatic annual increases in the rates.

Jobs Bill Defeated Despite Presidential Push

Source: Ari Shapiro, NPR

Ever since President Obama proposed his $447 billion jobs bill in a joint address to Congress last month, he has been campaigning for it nonstop. He has whipped up crowds all across America who chant, "Pass this bill!"

Workplace Confusion: Open Enrollment Benefits Season Begins

Source: Ashlea Ebeling , Forbes

If you've got a job with benefits, chances are you got an email recently from the human resources department reminding you that open enrollment is around the corner.

October 11, 2011

Should Companies Use Credit Checks to Screen Job Applicants?

Source: Adam Cohen, Time

It is a harsh catch-22, particularly in today's moribund economy: many companies routinely rule out job applicants who fail a credit check.

New Research Busts Myths About the Gender Gap

Source: Christine Silva and Nancy Carter, Harvard Business Review

The glass ceiling, a phrase popularized in a 1986 Wall Street Journal article, has been invoked for years as the barrier keeping women from reaching the executive ranks in numbers paralleling men.

Minimum wage to rise in eight states

Source: Tami Luhby, CNN Money

Minimum-wage workers in eight states could see their paychecks grow by hundreds of dollars next year, thanks to automatic annual increases in the rates

October 10, 2011

New site lets consumers monitor health insurance rate hikes

Source: Kelly Kennedy , USA Today

Beginning Thursday, consumers across the country can click their state on a federal Web page to see if a health insurer has raised its rates, as well as the company's reason for doing so.

Recent Flurry of NLRB Complaints Puts Focus on Evolving Social Media Disciplinary Issues

Source: Patricia Nemeth & Erin Behler , Law.com

The National Labor Relations Board's involvement with social media disciplinary issues first made headlines in October 2010.

Supreme Court Justices Find Government Line in Church-State Case 'Amazing'

Source: Warren Richey , ABC

In an important test of the boundaries of the separation of church and state, the US Supreme Court on Wednesday heard arguments in a case examining whether a parochial school teacher may be barred from filing a discrimination lawsuit against her employer when the suit might entangle government in matters of religious faith.

October 7, 2011

As new immigration law in Alabama takes effect, construction and farm workers flee [Article no longer available]

Source: AP, Washington Post

Alabama's strict new immigration law may be backfiring. Intended to force illegal workers out of jobs, it is also driving away many construction workers, roofers and field hands in the country legally who do backbreaking jobs that Americans generally won't.

Judge upholds firing of Ohio teacher in Bible case [Article no longer available]

Source: Doug Whiteman, Associated Press

A judge has upheld the firing of a central Ohio public school science teacher who was accused of preaching religious beliefs in class and of keeping a Bible on his desk.

Employers Exhibit Bias Against Gay Job Seekers

Source: Elizabeth Auritt, Harvard Crimson

Men applying to jobs in the Midwest and the South who give evidence of being gay on their resumes are less likely to be called back for an interview than men perceived as displaying heterosexual qualities, according to a study published by a Harvard researcher this week.

October 6, 2011

Supreme Court hears religious-workplace firing dispute

Source: Joan Biskupic, USA Today

The Supreme Court struggled Wednesday with a case fundamental to the separation of church and state, testing when people who work for religious organizations can sue for job discrimination.

Gender Expression Non-Discrimination Act: Transgender New Yorkers Still Waiting For Equality

Source: Matt Sledge, Huffington Post

Nine years ago gay and lesbian activists made a decision.

How to disagree with your boss -- without losing your job

Source: New York Daily News

You're at your weekly staff meeting, and you've just presented your brilliant idea on how to boost productivity and save money.

October 5, 2011

Federal judge finds union in contempt for failing to provide subpoenaed documents

Source: NLRB

A federal judge in Hawaii has granted the NLRB's motion for civil contempt sanctions against the Sheet Metal Workers International Association, Local 293, for failing to turn over documents sought by subpoena for more than a year.

The legacy of the Clarence Thomas-Anita Hill hearings

Source: Ruth Marcus , Washington Post

Even now, with the healing distance of two decades, the subject of Anita Hill and Clarence Thomas retains its power to provoke and divide.

Protesters Drawing Labor Support

Source: Andrew Grossman & Alison Fox , Wall Street Journal

The anti-Wall Street protesters camped out in a Lower Manhattan park are beginning to attract backing from some of New York's most powerful labor unions.

October 4, 2011

Princeton Club of New York faces racial discrimination suit

Source: James Chang, Daily Princetonian

A former Princeton Club of New York payroll manager, 51-year-old Jo-Ann Garcia, filed a $10-million lawsuit against her former employer in early August, contending that she was dismissed from her job due to her age and race.

Town of Clarence and Western New York Fire Companies Settle EEOC Age Discrimination Suit

Source: Press Release, EEOC

Fire Companies Had Barred Older Firefighters From Receiving Service Credits in Retirement Benefit Plan, Agency Charged.

How Employers Raid Pension Plans

Source: Ellen Schultz, Wall Street Journal

When it comes to threats to your retirement, there's one you may have overlooked: your employer. In recent years, companies have been freezing pensions, slashing retiree health benefits and eliminating 401(k) contributions.

October 3, 2011

Administrative Law Judge rules Chicago car dealership had overly broad employee policy, but discharged employee's activity not protected

Source: Office of Public Affairs , NLRB

A National Labor Relations Board Administrative Law Judge ruled on Wednesday that Knauz BMW, a Chicago area car dealership, did not wrongfully terminate an employee for his Facebook postings.

The Industries That Are Looking for Workers

Source: Wall Street Journal

The job market is tough for many.

Historical Sexual Harassment Cases

Source: The Daily Beast

Anita Hill brought sexual harassment front and center in 1991 when she testified that Supreme Court nominee Clarence Thomas had used explicit language when they worked together

September 30, 2011

Expert: If your boss is a psychopath leave

Source: UPI

One in 25 bosses may be a psychopath, and a U.S. researcher suggests if an employee suspects his or her boss fits the description, it's best to find a new boss.

Outsize Severance Continues for Executives, Even After Failed Tenures

Source: Eric Dash, New York Times

The golden goodbye has not gone away.

When Legal Sense Trumps Practical Sense

Source: Michael P. Maslanka , Law.com

In the "Alice in Wonderland" world of employment law, one of the hard parts of an in-house lawyer's job is telling an internal client that something that makes zero practical sense makes complete legal sense.

September 29, 2011

'Retirement Heist': How Firms Trimmed Pensions

Source: NPR Staff, NPR

As companies have been moving away from traditional pension plans, they have been shifting employees to new retirement plans, such as 401(k)s, that transfer the cost -- and the risk -- to workers.

Calif co. settles sex harassment case for $463K [Article no longer available]

Source: AP, Sacramento Bee

An Orange County pool cleaning supply company will pay nearly $463,000 to settle a lawsuit brought by a federal agency that found at least eight female employees had been sexually harassed.

Walmart Adds Transgender Provisions To Employee Non-Discrimination Policy

Source: Huffington Post

Walmart has passed provisions in its employee non-discrimination policy to protect transgender employees reports the Windy City Times.

September 28, 2011

Health Insurers Push Premiums Sharply Higher

Source: Reed Abelson & Nina Bernstein , New York Times

Major health insurance companies have been charging sharply higher premiums this year, outstripping any growth in workers' wages and creating more uncertainty for the Obama administration and employers who are struggling to drive down an unrelenting rise in medical costs.

Full Employment, for Lawyers [Article no longer available]

Source: Editorial, National Review

The Obama administration has the worst employment record in modern history, but it is pressing forward boldly to create a raft of new jobs -- for trial lawyers.

Online rants -- what's protected? [Article no longer available]

Source: Cindy Krischer Goodman , Miami Herald

Some bosses assume that they can fire workers who complain on Facebook about the company or its managers, but it's not a slam dunk.

September 27, 2011

Obama Proposes Protecting Unemployed Against Hiring Bias

Source: Robert Pear , New York Times

President Obama has not been particularly successful in fostering the creation of jobs.

Labor: Using class action waivers in employment arbitration agreements

Source: Steve Moore, Inside Counsel

In some states, such as California, unsuspecting employers can find themselves facing millions of dollars in liability for technical violations of an obscure state labor code provision that is inconsistent with the laws of every other state in which the company may operate.

Union says documents bolster NLRB case vs Boeing

Source: Reuters

The union representing Boeing Co (BA.N) workers in Washington state on Friday said internal company documents show Boeing intended to punish union members for past strikes when it located an airplane production line in non-union South Carolina.

September 26, 2011

Labor Department Postpones Guest Workers' Wage Increase

Source: Julie Preston , New York Times

The Labor Department late Thursday announced a 60-day delay in wage increases for foreign guest workers under the federal H-2B program.

Firings, discipline over Facebook posts lead to surge in legal disputes [Article no longer available]

Source: AP, Washington Post

In the age of instant tweets and impulsive Facebook posts, some companies are still trying to figure out how they can limit what their employees say about work online without running afoul of the law.

Mandatory E-Verify bill looks headed for House passage

Source: Gary Martin , Houston Chronicle

A Republican immigration bill that would require employers to check the immigration status of new workers has drawn protests from Latino and immigrant rights groups, but it seems certain to win passage in the House of Representatives.

September 23, 2011

Aware of Wrongdoing? Blowing the Whistle Can Net You Big Bucks

Source: Selena Maranjian, Daily Finance

If you get proof that a company's breaking the law, you have more than a moral imperative to step forward and expose that malfeasance.

Are "Years of Experience" Requirements Fair to Younger Workers?

Source: Suzane Lucas , bNet

I'm about six years into my IT career and like any business person I am always keeping my eye on the market.

IRS Gives Employers a Break on Payrolls

Source: Laura Sanders & Melanie Trottman , Wall Street Journal

Businesses that have been improperly labeling their employees as independent contractors got a surprise break Wednesday: A new Internal Revenue Service program will allow those businesses to reclassify workers and make only a small payment to cover past payroll taxes.

September 22, 2011

Most unusual resume mistakes

Source: Toni Bowers, Tech Republic

Takeaway: A recent CareerBuilder survey reveals some of the more outrageous statements hiring managers have seen on resumes.

EEOC files rare discrimination suit against Bass Pro Shops [Article no longer available]

Source: Scott Nishirama, Star Telegram

The Equal Employment Opportunity Commission sued Bass Pro Shops on Wednesday, alleging that stores illegally discriminated against black and Hispanic workers and job applicants, retaliated against employees who raised questions and destroyed records.

5 Ways to Deal with a Co-Worker Who Steals Your Ideas

Source: Auriela Flores, Fox News

There's nothing like coming up with a brilliant idea - one of your flashes of genius - and then having someone else take the credit.

September 21, 2011

The Twelve Attributes of a Truly Great Place to Work

Source: Tony Schwartz, Harvard Business Review

More than 100 studies have now found that the most engaged employees -- those who report they're fully invested in their jobs and committed to their employers -- are significantly more productive, drive higher customer satisfaction and outperform those who are less engaged.

Employers shift disability insurance costs to workers and trim benefits

Source: Michelle Andrews, Washington Post

Disability insurance is one of those under-the-radar benefits you may take for granted, especially if your employer picks up the tab for the coverage, as many firms do.

Obama Challenged To End Religious Discrimination In Federally Funded Jobs

Source: Josef Kuhn, Huffington Post

Dozens of religious and civil rights organizations challenged President Obama to fulfill a campaign promise to end religious discrimination in federally funded jobs.

September 20, 2011

NLRB Pushes Unions' Destructive Agenda [Article no longer available]

Source: Bob Confer, The New American

Although rarely looked at as such by the typical person, labor is an economic transaction.

Will restricting criminal background checks actually increase minority unemployment?

Source: Caroline May, Daily Caller

Actions with the best intentions do not always result in the expected outcomes.

Bias claim can lead to employee retaliation charge

Source: Judy Greenwald , Business Insurance

Retaliation charges, which are the most common type of employment claim against companies, create thorny issues for employers that must be carefully managed.

September 19, 2011

Why Some Men Earn Less Than They Did 40 Years Ago

Source: John Ydstie, NPR

Last Tuesday, the government's annual poverty and income report revealed that the earnings of male workers in the middle of the income ladder are lower today than they were almost 40 years ago.

Labor Dept. expands enforcement of wage violations [Article no longer available]

Source: Sam Hananel, Boston.com

The Labor Department is signing agreements to share information with nine states and the Internal Revenue Service as it gets more aggressive in its program to crack down on businesses that cheat workers out of their hard-earned wages.

EEOC takes stand on discrimination against obesity

Source: Andrea Tortora, Columbus Business First

With one third of U.S. adults considered to be obese, weight discrimination is becoming a big deal for employers.

September 16, 2011

Deal for Pa. mom who lost job after donating organ [Article no longer available]

Source: AP, Forbes

A Philadelphia woman who lost her job after taking time off to donate a kidney to her son has been offered a deal that could allow her to work for the business again.

Bank of America's Failure to Accommodate Blind Employee Draws EEOC Disability Lawsuit

Source: Press Release, EEOC

Federal Agency Says Banking Giant Could Have Kept Data Entry Worker On the Job at Chicago Facility Instead of Firing Him

EEOC sues Walgreen for disability discrimination in diabetic worker firing

Source: Judy Greenwald , Business Insurance

The U.S. Equal Employment Opportunity is suing Walgreen Co., alleging disability discrimination for firing a worker with diabetes who ate a snack sold at the store because she was suffering from low blood sugar.

September 15, 2011

NLRB rulings favor card check, allow 'piecemeal' organizing

Source: Kent Hoover, BizJournals

Business groups accused the National Labor Relations Board of continuing to favor unions with two new decisions that will make it easier to organize workplaces.

Employee Rights Notice Posting

Source: NLRB

As of November 14, 2011, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act. The 11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.

The Myth of Performance Metrics

Source: Dick Grote, Harvard Business Review

There's a bogus belief that gets in the way of managers when they evaluate performance.

September 13, 2011

Employers tell workers to get healthy or pay up

Source: Tom Wileman, The Tennessean

Dorinda Turnbull said she felt violated when an employer-based health plan offered savings if she and her husband would undergo blood work and agree to follow-up monitoring for any medical conditions.

Health insurance denial rates routinely 20%, data show

Source: Phil Galewitz, USA Today

Amanda Hite says she felt "really healthy" when she applied recently for health insurance. But Anthem Blue Cross and Blue Shield denied her, because she had seen a chiropractor a few months earlier for a sore back and later had visited an emergency room because of back pain.

House bill would block case against Boeing [Article no longer available]

Source: Sam Hananel, Associated Press

House Republicans, angry over the government's labor dispute with Boeing Co., are taking up a bill that would prohibit the National Labor Relations Board from ordering any company to close plants or relocate workers, even if a company flouts labor laws.

September 12, 2011

EEOC: Work rule doesn't have a prayer

Source: Elizabeth Newman, McKnight's

The U.S. Equal Employment Opportunity Commission is suing a Florida nursing and rehabilitation facility for firing a certified nursing assistant who did not want to work on her religion's Sabbath day

Obama proposes sweeping changes to unemployment benefits

Source: Tami Luhby, CNN Money

The nation's unemployment benefits system would undergo extensive changes under the jobs proposal President Obama outlined Thursday.

Old-fashioned career advice from the 1940s still works today

Source: Andrea Kay Gannett, USA Today

I was lucky to grow up with parents who attended The Dale Carnegie Course in Effective Speaking and Human Relations.

September 9, 2011

Make sure you're not the problem with your boss

Source: Linda H Hill & Ken Lineback , CNN Money

If you believe your boss is terrible, there are a few questions you should answer before you do anything drastic like quitting -- or worse.

Labor Board: Fired-For-Facebooking Employees Must Be Rehired [Article no longer available]

Source: techcrunch.com, Washington Post

It's no secret that an employer can, and probably should, do a little check-up on your internet presence before hiring you, and possibly afterwards.

Making Partner, Sponsorship and Gender Bias

Source: Victoria Pynchon , Forbes

I'm talking to a senior partner in an AmLaw 100 firm and he's telling me the firm's women are saying you can't make all seven white guys who are up for partnership shareholders and deny shareholder status to the three women who are also "up."

September 8, 2011

A hiring tax credit isn't likely to create jobs

Source: Tami Luhby, CNN

Note to President Obama: Don't expect a hiring tax credit to spur much hiring.

Obama jobs plan to include $300 billion in tax credits, spending

Source: Nicholas Peters, LA Times

The president will propose job training for the unemployed, school renovation projects and a program to prevent teacher layoffs, a source says.

Auto Parts Distributorship to Pay $175,000 to Settle EEOC Sex Harassment Lawsuit

Source: Press Release, EEOC

Auto Parts Company Did Nothing to Stop Regional Director's Misconduct, Federal Agency Charged

September 7, 2011

Job, retirement, financial stress takes toll on baby boomers

Source: Anita Bruzzese, USA Today

Baby boomers use face serums, teeth whiteners, exercise programs and even plastic surgery to look younger for work, but it could be that the greatest change isn't happening on the outside -- but what they're going through on the inside.

Are new rules on health care and banks killing jobs?

Source: Jennifer Liberto, CNN Money

To many Republicans and business leaders, there's little doubt: The health care law and sweeping new Wall Street regulation -- two of President Obama's signature legislative victories -- are causing uncertainty and killing jobs.

Congressman: Dismantle the NLRB, give its duties to the Justice Dept

Source: Matthew Boyle, Daily Caller

To permanently eliminate the National Labor Relations Board, South Carolina Republican Rep. Trey Gowdy recommends transferring its responsibilities to the Department of Justice.

September 6, 2011

Have you heard...ways to control office gossip

Source: MSNBC

It's been said that "you can pick your friends, but you can't pick your family." And unless you're in HR, chances are you aren't able to choose with whom you share an office space either.

How Productive Are You Really?

Source: Chrissy Scivicque, Forbes

As a career coach, I spend a lot of time working with people on their productivity.

Boeing case puts spotlight on little-known NLRB official

Source: Michael Fletcher , Seattle TImes

During nearly four decades at the National Labor Relations Board, Lafe Solomon was a mostly anonymous cog in the federal bureaucracy.

September 1, 2011

Labor Secretary Hilda Solis rips Rick Perry's Texas

Source: Tim Mak , Politico

Secretary of Labor Hilda Solis on Wednesday slammed labor policy in Texas -- which has been overseen by Gov. Rick Perry for the past decade - by saying "there is a lot of need" to better the plight of workers in the state.

Nine Do's and Don'ts for Dealing with the Disgruntled

Source: Rosabeth Kanter, Harvard Business Review

In a volatile world, anxiety and uncertainty make people a little testy.

Labor's Criticism Of Obama Grows Louder

Source: Ari Shapiro, NPR

Organized labor is traditionally one of the strongest sources of money and organizing power for Democrats, but lately union leaders have strongly criticized President Obama.

August 30, 2011

Some Workers' Facebook Beefs Are Protected by Federal Law, NLRB Concludes

Source: Debra Cassens Weiss, ABA Journal

Some workers who beef about the workplace on Facebook and Twitter may be protected from firing or discipline because they are engaging in "protected concerted activity," according to a report by the National Labor Relations Board.

House Republicans to target environment, labor rules

Source: Jim Abrams

The House Republican agenda this fall will focus on repealing environmental and labor regulations that GOP lawmakers say are driving up the cost of doing business and discouraging employers from hiring new workers.

Court rules against Wal-Mart in sexual harassment, retaliation case

Source: Judy Greenwald , Business Insurance

A Wal-Mart Stores Inc. unit must defend a lawsuit alleging sexual harassment and retaliation in a case in which its alleged negligence of the initial harassment complaints claim may have led to the retaliation claim, a federal appeals court has ruled.

August 29, 2011

The Economy Needs Women as Badly as Women Need Workplace Parity

Source: Victoria Pynchon , Forbes

The new international women's movement is not so much about rights and power as it is about necessity.

Obama's Labor Problem: Union Scales Back Support for Democratic Party

Source: Amy Bingham, ABC News

As if dismal economic growth, high unemployment and impending natural disasters weren't enough to dampen President Obama's vacation, the nation's largest labor union has announced that it will scale back support of the Democratic Party for the 2012 elections.

NLRB Rule Requiring Posters In Workplace Infuriates Business Groups

Source: Dave Jamieson, Huffington Post

The federal labor board announced Thursday that it has finalized a rule requiring employers to post notices in the workplace informing workers of their rights under the National Labor Relations Act.

August 26, 2011

Two White Male Cops, Sue San Francisco Citing 'Racial Bias'

Source: Matt Smith, Huffington Post

A white male cop, reportedly reassigned in 2005 when his unit's refrigerator was found stocked with booze, claims he was passed over for a promotion in 2007 because of racial bias.

Employers Must Tell Workers of Rights to Unionize, NLRB Says

Source: Stephanie Armour , Bloomberg

U.S. employers must post notices informing workers about their legal rights to form a union and bargain on contracts, the National Labor Relations Board said in a rule that may help efforts to organize employees.

Why the Labor Movement Moved Left

Source: Steven Malanga, Wall Street Journal

Unions weren't so uniformly behind tax increases when most of their members worked for companies in the private economy.

August 24, 2011

Why Your HR Manager May Hate You

Source: Suzzane Lucas , bNet

So, hate is a strong word, and of course your HR manager doesn't hate you

Are coworkers dumping their work on your back?

Source: Stephanie Veale , Democray & Chronicle

Dear...I am a young professional with no children, and at my job, it often seems that people with children are able to leave work early, come in late, work from home and have a generally different set of standards for time at work.

Allstar Fitness to Pay $150,000 in Sexual Harassment Lawsuit Settlement

Source: Club Industry Staff , Club Industry

Allstar Fitness, Seattle, has agreed to pay $150,000 to settle a sexual harassment and retaliation lawsuit with the U.S. Equal Employment Opportunity Commission (EEOC).

August 23, 2011

Employees bid goodbye to corporate America

Source: Elizabeth Alterman , USA Today

With the U.S. unemployment rate at 9.1 percent as of July 31 and a fragile economic recovery underway, many workers feel they are left with no choice but to take their careers into their own hands.

Workplace Conflict: How to Diffuse Battles with Co-Workers

Source: Meredith Livinson , Network Wolrd

No one likes to address workplace conflicts--not the employees who get embroiled in them and especially not the employees' managers, who pretend they don't exist. After all, conflict is messy, often political, and requires confrontation--an activity most people aim to avoid.

3M will pay $3 million to settle age-bias suit

Source: Jackie Crosby, Star Tribune

About 290 former employees will share in the settlement, which resolves an EEOC action.

August 16, 2011

401(k) Nation: Road To Retirement Gets Rockier

Source: Scott Neuman , NPR

Broker and financial adviser Jim Lacamp has been in the business long enough to remember when Americans had little stake and even less interest in the stock market.

Are Older Workers Job Hopping More?

Source: Alicia Munnell , Wall Street Journal

The labor force participation of older workers has reversed its long-run decline. A larger share of this group wants to work longer.

New Haven Faces A Reverse-Reverse-Discrimination Suit

Source: Patrick Lee, Wall Street Journal

Twenty firefighters - all white except for one Hispanic - won more than $2 million in settlements from the city of New Haven, Conn., last month, in what many thought was the end of (reverse) discrimination drama involving the city's fire department.

August 15, 2011

US Department of Labor's OSHA releases mobile app to help protect workers from heat-related illnesses

Source: News Release, Department of Labor

As part of continuing educational efforts by the U.S. Department of Labor's Occupational Safety and Health Administration about the dangers of extreme heat, Secretary of Labor Hilda L. Solis today announced the release of a free application for mobile devices that will enable workers and supervisors to monitor the heat index at their work sites in order to prevent heat-related illnesses.

Labor Department targets unpaid worker's comp penalties

Source: Randy Krehbial , Tulsa World

Among the surprises for the new regime at the state Department of Labor was the discovery that nearly 600 employers owed $1.6 million in delinquent penalties for failure to comply with Oklahoma's workers compensation law.

Former Booz Allen partner says gender bias was root of her firing

Source: Marjorie Censer, Washington Post

A former Booz Allen Hamilton partner, who once was the company's highest-ranking female employee, is suing the McLean-based contractor, alleging that the company fired her because of her sex and that it intentionally excludes women from high-level leadership positions.

August 12, 2011

Law Grads Sue Over Tuition

Source: Patrick G. Lee, Wall Street Journal

Plaintiffs Claim Alma Maters Misled Students on Job Prospects; Millions Sought.

Explosive B'klyn sex harass suit alleges torment and abuse at realty office

Source: William Gorta, New York Post

A Brooklyn woman was subjected to all kinds of sexual harassment and physical abuse from at least seven staff members in the real estate office where she worked, according to an explosive new lawsuit.

7th Circuit Says it's Still Racial Bias Even if Not All in Protected Class are Targeted

Source: Sheri Qualters, Law.com

Discrimination against some Hispanic employees violates federal anti-discrimination laws even if the company doesn't discriminate against others, the U.S. Court of Appeals for the 7th Circuit has ruled.

August 11, 2011

Board Orders a Repeat of a California Union Election

Source: New York Times

The National Labor Relations Board said Wednesday that it was ordering a rerun of an election by 43,000 Kaiser Permanente employees in California to decide which union should represent them.

US Labor Department considers development of data tool to combat pay discrimination

Source: News Release, Department of Labor

Public invited to comment during early stage of development.

Princeton Club sued by long-time employee who charges Ivy League club with racial discrimination

Source: Karah Cesar & Jose Martinez , New York Daily News

The Princeton Club is getting smacked with a failing grade from a former employee who says the exclusive Ivy League enclave prefers white, English-speaking employees.

August 10, 2011

Social Media's Seven Deadly Sins

Source: Jonathan Segal , Bloomberg Business Week

Promiscuous friending, accidental implicating, and other social media mistakes that can render you unemployed or a defendant.

In a Down Economy, Heightened Scrutiny of Hiring Practices

Source: Catherine Dunn , Law.com

If the post-downgrade drop in the Dow moved with sharp suddenness, the August 5 report of July's employment numbers unfurled with a solemn steadiness--showing a slight increase, yes, though really more of the same, with unemployment just above 9 percent and underemployment at 16.1 percent.

Facebook Firings: Employers Need To Mind Labor Law, Report Finds

Source: Dave Jamieson, Huffington Post

American workers have been taking to Facebook and Twitter to passionately vent their workplace gripes, often in the most personal and vulgar ways possible.

August 8, 2011

Exiting Employees Are More Disgruntled Than Ever

Source: Joe Light, Wall Street Journal

More than three-quarters of departing employees say they wouldn't recommend their employer to others.

Crack the Hidden Job Market

Source: John Lees , Bloomberg Business Week

Employers fill at least one third of jobs via word of mouth. How can you network your way into the loop?

Woman sues boss for 'Mini-skirt Monday' dress code, claims she was sexually harassed for years

Source: Meena Hartenstein , New York Daily News

While many offices have dress codes, one Utah County woman claims her former employer crossed the line by trying to force her to follow a sexist schedule of attire including "Mini-skirt Monday."

August 5, 2011

Jewish Community Center Of Greater Washington Settles EEOC Disability Discrimination Suit

Source: Press Release, EEOC

Hearing-Impaired Assistant Teacher to Receive $100,000

Twitter-Bombing the Boss Looms as U.S. Worker Right Dreaded by Companies

Source: Stephanie Armour , Bloomberg

A Wal-Mart Stores Inc. (WMT) worker said he was disciplined for using Facebook to rail against a boss's "tyranny." A crime reporter in Tuscon, Arizona, was fired for using Twitter to taunt that the city had too few homicides.

Labor's Decline and Wage Inequality

Source: Steven Greenhouse, New York Times

The decline in organized labor's power and membership has played a larger role in fostering increased wage inequality in the United States than is generally thought, according to a study published in the American Sociological Review this month.

August 4, 2011

City paid $42K to settle harassment suit

Source: Jennifer Delgado, Trib Local

A former Des Plaines paralegal who claimed a local alderman grabbed and kissed her while he was dressed as Santa Claus received a $42,500 settlement in 2005, according to documents released Wednesday.

NYC kindergarten teacher, 80, sues over firing

Source: Lillie Leon, CBS

A kindergarten teacher with a squeaky clean record for more than 30 years says she was fired simply because she's old.

Alleging Racial Bias, Former Ropes & Gray Associate Sues Firm

Source: John Hazard, Am Law Daily

A former Ropes & Gray associate has filed a racial discrimination and retaliation suit against the firm, 13 of its partners, and the firm's former chief people officer in Boston federal court, sibling publication The National Law Journal reports.

August 3, 2011

Rock-Tenn To Pay $160,000 To Settle EEOC Sexual Harassment Lawsuit

Source: Press Release, EEOC

Manufacturer Failed to Stop Co-Worker's Harassment of Women, Federal Agency Charges

Facebook Firings: Feds, Managers Navigate 'New Territory' In Employment

Source: Dave Jamieson, Huffington Post

The federal agency tasked with enforcing labor law has been fielding complaints from workers across the country who have been fired or disciplined for their work-related indiscretions on Facebook.

Millions of Workers Are in the Dark About Their Pensions

Source: Kelly Greene , Smart Money

People with pensions are planning for retirement in the dark.

August 2, 2011

10 Signs Your Boss Just Isn't That Into You

Source: Alison Green, US News & World Report

One of the biggest determinants of your quality of life at work is the relationship you have with your boss.

Worker who sued after 40 years on job can press age-bias claims

Source: Thompson Reuters , Linda Coady

A woman who claims she was constructively discharged after working for New York Life Insurance Co. for 40 years can pursue her age discrimination lawsuit against the company, a California federal judge has ruled.

Boeing tries to limit "sunshine" in NLRB case [Article no longer available]

Source: David Slade, The State

Boeing Co. sought a sweeping court order Thursday to limit public access to documents and other materials the company considers confidential, as a lawsuit brought by the National Labor Relations Board inches forward.

August 1, 2011

Who Cares About LGBT Workers?

Source: Darren Hutchinson , Huffington Post

The Employment Non-Discrimination Act would prohibit employers from discriminating on the basis of sexual orientation or gender identity.

Workplace Discrimination Charges at Record High

Source: Venessa Wong, Bloomberg

Last year employment discrimination charges reached a record high, and early indications suggest 2011 could be a new record-setter.

Why We Need to Protect Ex-Con Job Seekers from Discrimination

Source: Adam Cohen, Time

Should employers have the right to discriminate against job applicants who have been convicted of crimes?

July 29, 2011

Boeing Seeks to Seal Documents in Labor Case

Source: Susanna Ray, Bloomberg

Boeing Co. (BA) argued yesterday that some information related to a 787 Dreamliner factory should be sealed from the public as the planemaker tries to overturn a National Labor Relations Board complaint alleging anti-union retaliation.

Facing Call for Concessions, Verizon Workers Vote to Authorize Strike

Source: Steven Greenhouse, New York Times

Verizon Communications is seeking major concessions from 45,000 unionized workers in the Northeast and mid-Atlantic states, as it copes with a long-term drop in revenue and profits in its old-fashioned telephone business and intense competition in television and Internet services.

Bank Of The West To Pay $48,000 To Settle EEOC Sex Bias Hiring Lawsuit

Source: Press Release, EEOC

Banking Giant Failed to Hire Oklahoma City Woman Because of Gender, Federal Agency Charged

July 28, 2011

Raymond Jefferson leaves Labor Department after ethics finding

Source: Steve Vogel, Washington Post

A high-ranking Labor Department official appointed by President Obama to oversee a job-training program for veterans has resigned after an inspector general's investigation found that he had violated federal procurement rules and ethics principles.

Employers to hike pay, but only for a select few

Source: CNN, Jessica Dickler

Despite ongoing economic uncertainty, companies are betting on their best workers -- and are willing to pay more to prove it, according to a report Wednesday.

NLRB Rebuffs Issa Demand for Boeing Documents. Subpoenas Next?

Source: Melanie Trottman, Wall Street Journal

The National Labor Relations Board defied a documents request from the House Oversight committee investigating its labor complaint against Boeing Co., putting the agency at risk of being subpoenaed by committee Chairman Rep. Darrell Issa (R-CA).

July 27, 2011

$100k settlement reached in school sexual harassment case

Source: Natalie Neysa Alund, Knox News

The Campbell County Board of Education has reached a $100,000 settlement with a former teacher who filed a federal sexual harassment and retaliation lawsuit against a former school board chairman.

Lawyer Accused of Harassing Employee, Asking Her to Wear Swimsuit to the Office

Source: Martha Neil, ABA Journal

Already defending legal ethics charges because of his alleged sexual harassment of six women, including four employees, a Chicago class action lawyer is now facing additional accusations concerning his treatment of a female associate.

Boeing asks NLRB to conduct some hearings in private

Source: Dominic Gates, Seattle Times

Boeing is asking an National Labor Relations Board (NLRB) administrative judge for a protective order that will seal documents and restrict access by the public and press to parts of the ongoing NLRB hearing in Seattle.

July 26, 2011

Legal Secretary's Discrimination Suit Against Jones Day Is Dismissed

Source: Martha Neil , ABA Journal

A discrimination suit filed against Jones Day by a former secretary at the law firm's office in Los Angeles has been dismissed.

Study Shows Racial Wealth Gap Grows Wider

Source: Pam Fessler, NPR

But the Great Recession has made it much worse -- the divide is almost twice what it used to be.

21 endangered workplace benefits

Source: Emily Brandon , Chicago Tribune

Employers are cutting many benefits and perks, from the traditional pension plan to the company picnic

July 25, 2011

Goldman Sachs fights bias lawsuit, cites Wal-Mart

Source: Moira Herbst, Reuters

Goldman Sachs Group Inc (GS.N) said a recent landmark decision throwing out a class-action lawsuit against Wal-Mart (WMT.N) means it should not face a wide-ranging case accusing it of systematic bias against women.

EEOC reconsiders policy on criminal background checks

Source: Washington Post, Lisa Rein

The Equal Employment Opportunity Commission is reexamining its requirement that employers do criminal background checks on job applicants, scheduling a hearing Tuesday on whether arrest and conviction records are a hiring barrier for minorities

Virtual Workplace: Next Frontier Of Employer Liability

Source: Beverly Garofalo and Takunbo Akinbajo, Conneticut Law Tribune

Dating back to the invention of the computer, technological advancements have continually altered how employees complete their work.

July 22, 2011

Attacks on NLRB imperil due process

Source: Fred Feinstein , Politico

Since issuing a complaint against The Boeing Co., the National Labor Relations Board's acting general counsel -- and the board itself -- has been the target of intense political attacks.

House Committee Passes Bill to Rein In NLRB

Source: Melanie Trottman, Wall Street Journal

Republicans on the House workforce committee passed a bill Thursday that would bar the government from dictating where companies can do business - taking direct aim at the National Labor Relations Board's complaint that Boeing Co. illegally shifted work from union plants in Washington state to a new nonunion facility in South Carolina

Plaintiffs in Wal-Mart Bias Case Return to Court

Source: Reuters, Insurance Journal

Plaintiffs in a huge sex bias class-action case against Wal-Mart Stores Inc. that was struck down by the U.S. Supreme Court will begin to unveil plans Friday for how they will try to resuscitate their lawsuits.

July 21, 2011

Why Hasn't Employment of the Elderly Fallen?

Source: Casey Mulligan, New York Times

While employment rates have fallen sharply among the general population, they have not done so among the elderly.

Corporate America's chokehold on wages

Source: Harold Meyerson, Washington Post

If you're wondering why American consumers are still flat on their backs, rendering the economy similarly supine, the answer is both fundamental and simple.

Labor Deal Roils Conn. Employees

Source: Shelly Banjo, Wall Street Journal

A decision by Connecticut's public unions to ease their voting rules and forge a deal with Gov. Dannel Malloy is stirring up rank-and-file members, whose reactions are running the gamut from lunch-hour grumbling and angry web postings to threats to disband or sue.

July 20, 2011

Trust your employer? You're in the minority

Source: Allison Linn, Life Inc.

In these times of economic uncertainty, it's nice to trust that your employer will be able to lead you through the really tough challenges facing so many companies today.

How To Handle a Workplace Bully

Source: Laurie Tarkan, bNet

Targets of workplace bullying often think, "if only I do this, he'll stop bullying," "If only I do that."

NLRB Under Fire for Proposed Changes to Union Election Process

Source: Amy Bingham, ABC News

Members of the business community faced off against the National Labor Relations Board again today to voice their opposition to the board's proposed election changes.

July 19, 2011

Cavalier Telephone Pays 1MM To Settle EEOC Age Discrimination Lawsuit

Source: Press Release, EEOC

Company Engaged in Unlawful Age Discrimination, Including Refusing to Hire Older Workers, Federal Agency Charge.

Proposed NLRB rules are sensible and should be adopted

Source: Julius G. Getman , LA Times

Despite attacks by anti-union activists and employers, the National Labor Relations Board's proposed rules to streamline representation elections should be adopted.

Former Mercer Island official settles harassment suit for 1MM

Source: Keith Ervin , Seattle Times

Former Mercer Island Deputy City Manager Londi Lindell will receive $1 million in a settlement of her federal lawsuit in which she claimed she was a victim of sexual harassment and was fired in an act of retaliation.

July 18, 2011

$3.2M sex harassment verdict against ex-judge

Source: AP , Your Houston News

A federal jury in Houston has awarded $3.2 million to three female co-workers in their sexual harassment lawsuit against a former judge.

The Industries That Are -- and Aren't -- Hiring

Source: Cristina Lourosa-Ricardo, Wall Street Journal

There are many reasons U.S. companies give for their lack of robust hiring -- from weak consumer spending to uncertainty over the direction of government policies on debt and spending.

Businesses find loopholes in Healthy San Fran Law

Source: Joshua Sabatini , SF Examiner

More than 80 percent of the money that companies set aside in special funds created by The City's landmark Healthy San Francisco health care program apparently goes back into the bosses' pockets without benefiting workers.

July 15, 2011

N.Y. labor row hints unions are setting sights on Target

Source: Anne D'Innocenzio, Boston.com

Until recently, Target Corp., the Minneapolis-based retailer, largely had avoided the labor disputes and public relations challenges that have plagued Wal-Mart, the world's largest retailer.

Hilda Solis: Dealing with Our Changing Workforce

Source: Ronald Brownstein , National Journal

Labor Secretary Hilda Solis sat down with National Journal Editorial Director Ronald Brownstein on July 12 to discuss the workforce's evolving demography at a National Journal Live event on "The Workforce Mosaic." Edited excerpts of their conversation follow.

Massachusetts legislators hear pitch for law targeting workplace bullying

Source: State House News Service, Mass Live

With a law on the books targeting bullying in schools, it is time to look at another common arena for bullying: the workplace, according to supporters of another bullying proposal.

July 14, 2011

Green jobs pay better as clean-tech sector booms

Source: Scott Martin , USA Today

The green jobs movement is putting more greenbacks in workers' pockets

Diagnose and Eliminate Workplace Bullying

Source: Baron Hanson , Harvard Business Review

As a turnaround strategist, I see a lot of companies in dire straits, where tempers flare easily and interpersonal problems have been allowed to flourish unchecked.

EEOC says Fred Meyer failed to protect employees from harassing customer

Source: Laura Gunderson , The Oregonian

The U.S. Equal Employment Opportunity Commission filed a class-action lawsuit on behalf of three female employees of Fred Meyer Stores Inc.

July 13, 2011

Congress may force release of NLRB Boeing records

Source: Meg Kinnard, Chicago Tribune

The chairman of a congressional committee investigating the ongoing labor dispute over a South Carolina Boeing plant is prepared to use subpoenas to force labor officials to hand over documents from their investigation, according to a letter sent Tuesday to the National Labor Relations Board's chief attorney.

Where Have America's Jobs Gone?

Source: Justin Lahart & James Hagerty, Wall Street Journal

Hiring at McDonald's; Wireless Networks' Job-Killing Effect; One Machine Doing The Work of Three

Labor: Courts keep sanctioning EEOC in class litigation

Source: Steve Moore, Inside Counsel

The EEOC recently has been quick to pull the trigger and convert most single-claimant charges into class litigation cases.

July 12, 2011

U.S. workforce: permanently downsized?

Source: Dan Rodricks, Baltimore Sun

Who's to say U.S. corporations aren't all too comfortable with high unemployment and plenty of cash?

4 Ways to Regain Control of Your Identity in the Workplace

Source: Glenn Llopis, Forbes

There is a severe identity crisis in the workplace that is reducing productivity, minimizing trust and setting people back in their careers.

The Concentrated Pain of Job Loss

Source: New York Times, David Leonhardt

I wanted to add one other explanation -- to those Catherine Rampell cited, in her much-discussed Sunday article -- for why unemployment has not become a larger political issue.

July 11, 2011

As Income Gap Balloons, Is It Holding Back Growth?

Source: NPR, NPR Staff

Members of the Federal Reserve Board of Governors tend to speak cautiously: Their words can move markets.

Seeking Investment Flexibility In a 401(k)

Source: New York Times, Ron Lieber

In a perfect world, we could buy whatever investments we wanted for our 401(k) or similar workplace retirement account.

Wal-Mart sex-bias ruling implications debated

Source: Kristin Samuelson, Chicago Tribune

A Chicago lawyer and professor debate the implications of the ruling that Wal-Mart employees are not a class in seeking damages against the retailer regarding sex-discrimination charges

July 8, 2011

Learning how to be a union activist

Source: Alana Semuels, LA Times

Amid efforts to limit the power of unions nationwide, labor activists try to galvanize members and recruit new blood by holding one-day Troublemakers School sessions that are part pep rally, part instruction.

Connecticut Gender Identity Anti-Discrimination Bill Signed By Governor Dan Malloy

Source: AP, Huffington Post

Making Connecticut the 15th state in the country to protect transgender people from discrimination.

401(k) Law Suppresses Saving for Retirement

Source: Ann Tergesen , Wall Street Journal

A 2006 law designed to boost employees' retirement-savings is having the opposite effect for some people.

July 7, 2011

New workplace dynamics: Older employees find themselves under rule of younger bosses

Source: Carolyn Kepcher, New York Daily News

There's nothing quite like that nervous feeling when you are about to meet the new boss.

Conn. becomes 1st state requiring paid sick time [Article no longer available]

Source: AP, Associated Press

Connecticut has become the first state to require businesses to offer employees paid sick time.

Retaliation Remains Most Frequent Allegation Among Federal-Sector Discrimination Complaints

Source: Press Release, EEOC

Federal employees and applicants filed 17,583 complaints of employment discrimination during fiscal year 2010, a 3.75 percent increase over the previous year, according to the U. S. Equal Employment Opportunity Commission's (EEOC) Annual Report on the Federal Work Force Part I: EEO Complaints Processing for Fiscal Year 2010.

July 6, 2011

Is the workplace home of the free and entitled?

Source: Daneen Skube, Chicago Tribune

If the demands of younger employees are dragging you down, you may have to teach them such basic concepts as following the rules and delaying gratification.

Target, EEOC settle disability discrimination suit [Article no longer available]

Source: AP, Mercury News

The Equal Employment Opportunity Commission has settled a lawsuit with Target Corp. over the rights of a disabled cart attendant in Orange County.

Maine's LL Bean rehires 4 after discount error [Article no longer available]

Source: AP, Associated Press

The Maine outdoor retailer L.L. Bean says four workers fired for buying a leather tote bag after its price had been inadvertently reduced on the company's website are getting their jobs back.

July 5, 2011

California overtime-pay laws protect nonresidents too, court rules

Source: Maura Dolan, LA Times

Employees of California companies who are in the state on business trips must be paid in accordance with California overtime laws, the state Supreme Court says.

Genesco/Journeys Settles EEOC Sexual Harassment And Retaliation Suit

Source: Press Release, EEOC

A large national shoe retailer, Genesco, Inc., doing business as Journeys, has agreed to settle a sex discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $20,000.

Workplace Atmosphere Keeps Many In The Closet

Source: Jennifer Ludden, NPR

A recent study finds that about half of gay and lesbian white-collar workers are not "out" when they're in the office.

July 1, 2011

Employee morale ebbs along with workforce

Source: Gail MarksJavis, Chicago Tribune

They are the walking wounded -- the people who still have jobs but are growing weary after all the cuts and pressures at work as companies continue trying to do more with less.

Unemployment rule changes start Friday

Source: Bowdeya Twey, NW Times

Mandatory drug screening for employment seekers is one of the several rule changes for people collecting employment insurance benefits from the state of Indiana.

President Obama tips his hand on Boeing and the NLRB

Source: John Healey, LA Times

Business groups and their allies in Washington have been trying for weeks to get President Obama to denounce the complaint that the National Labor Relations Board brought against Boeing, to no avail.

June 29, 2011

Brown vetoes card-check legislation for farmworkers

Source: Maris Lagos, SF Gate

Gov. Jerry Brown vetoed a bill Tuesday that would have made it far easier for farmworkers to join labor unions, 36 years after making history in his first term by signing a law giving the low-wage employees the right to organize.

Fewer families get health coverage from workplace

Source: Jackie Crosby, Star Tribune

A University of Minnesota study finds that more Minnesotans are winding up uninsured or in taxpayer-funded programs.

EEOC Settles Sexual Harassment Suit With Dollar General for $50,000

Source: Press Release, EEOC

Dolgencorp, LLC, doing business as Dollar General, will pay $50,000 to three former female employees and provide other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

June 28, 2011

Immigration Holds Key to Labor Shortage

Source: Andre Sterk & Robin Van Daalen , Wall Street Journal

European employers are likely to face an increasingly tough time finding qualified workers, even as production facilities continue to move to lower-cost countries, says Randstad Holding NV's Chief Executive Ben Noteboom

Groups Say Changes to Labor Law Won't Do Enough for Veterans

Source: Heather Timmons, New York Times

Even before President Obama said last week that he would speed the pullout of American troops from Afghanistan, the Department of Labor was trying to strengthen a Vietnam-era law designed to make sure returning soldiers get jobs.

The Plane Truth: Unions Don't Equal Quality

Source: Marty Robins, Huffington Post

There's been a lot of overheated rhetoric around the pending National Labor Relations Board (NLRB)/Boeing matter, in which the NLRB is considering whether Boeing's attempt to move plane production to South Carolina from Washington State, because of the more employer-friendly labor laws in the former, violates federal labor law.

June 27, 2011

What Toyota Is Still Doing Right

Source: Brad Power, Bloomberg Business Week

Guaranteeing quality via worker empowerment is more than just a platitude at Toyota.

Unions Fend Off Right-to-Work Bill in New Hampshire

Source: Kris Maher, Wall Street Journal

Amid a year of relentless challenges to their power around the country, unions notched a victory this week when New Hampshire Republicans failed to muster enough votes to override the governor's veto of a right-to-work bill.

NLRB and Boeing: A Long Summer Ahead

Source: Melanie Trottman, Wall Street Journal

The National Labor Relations Board dodged a bullet last week in the formal hearing about its labor-law violation complaint against Boeing Co., an initial step in a hearing that is expected to last through the summer.

June 24, 2011

Costco Women's Suit May be Imperiled by Supreme Court's Wal-Mart Decision

Source: Margaret Cronin Fisk and Karen Gullo , Bloomberg Business Week

Costco Wholesale Corp. may be able to block women accusing it of gender bias from suing as a group.

Lawmakers urged to pass transgender discrimination bill

Source: Colleen Quinn, Boston.com

Transgender residents pushed lawmakers yesterday to pass a bill to include them in the state's antidiscrimination laws, continuing a fight they have waged for five years.

Finally, Nurses Are Set to Vote on Unionizing

Source: James Warren , New York Times

It's easier to be elected president than to win a union representation election these days.

June 23, 2011

An ICE Storm of Immigration Audits is Coming

Source: Dana Olsen , Law.com

For the second time this year, auditors at the U.S. Immigration and Customs Enforcement branch of the Department of Homeland Security are cracking down on employers to ensure compliance with workplace eligibility laws.

Disparate Treatment in Hiring Remains Major Problem, Experts Tell EEOC

Source: Press Release, EEOC

Employers Still Barring Large Groups of People from Jobs Based on Race, Sex, Age, Other Prohibited Bases.

Wal-Mart Gets a Free Pass for Bias From the Supreme Court

Source: Rinku Sen, Huffington Post

The Supreme Court issued its decision in the Dukes v. Wal-Mart sex discrimination case this week, a frustrating ruling that doesn't challenge the existence of bias, but that exempts the company from accountability.

June 22, 2011

NLRB rules would streamline unionizing [Article no longer available]

Source: Steven Greenhouse, Star Tribune

Unions applauded, and U.S. Chamber decried, labor board's proposed changes.

Court limits gov't employees' speech rights

Source: AP, Bloomberg Business Week

The Supreme Court has limited the First Amendment right of government employees, saying a police chief cannot sue over employer retaliation that came after he spoke out on a pay matter.

Workplace Discrimination: Transparency Key in Fight for Equality

Source: Ben Forer, ABC News

In the wake of the Supreme Court's decision in the Walmart case, women across the country are reexamining the weapons they have in the fight against discrimination in the workplace.

June 21, 2011

LensCrafters Settles Female-On-Male Sexual Harassment Case

Source: Davie Jamieson , Huffington Post

LensCrafters, the largest optical chain in the country, has settled a lawsuit accusing the company of allowing a male employee to be sexually harassed by a female co-worker

US Labor Department announces proposed rule concerning reporting on use of labor relations consultants

Source: News Release, Department of Labor

The U.S. Department of Labor today announced a proposed rule to revise the interpretation of "advice" as it pertains to the employer and labor relations consultant persuader reporting requirements of Section 203 of the Labor-Management Reporting and Disclosure Act. The proposal adopts the plain meaning of the term "advice" as "an oral or written recommendation regarding a decision or course of conduct."

Decision in Wal-Mart case a blow to class actions [Article no longer available]

Source: AP, Mark Sherman

Mounting a large-scale bias claim against a huge company will be more difficult in light of a Supreme Court decision that found no convincing proof of discrimination on which to allow a class action against retail giant Wal-Mart on behalf of as many as 1.6 million women.

June 20, 2011

Should I Quit My Job?

Source: Elizabeth Garone, Wall Street Journal

I'm not very happy in my current job, and it doesn't seem like there is much opportunity for movement or advancement at the company where I work. What should consider when evaluating if this is the right time to make a move?

Workers Reject Union at Target Store

Source: Steven Greenhouse, New York Times

The nation's main union for retail workers lost a unionization vote on Friday at a Target store in Valley Stream, N.Y., in what was an effort to make it the first of Target's 1,750 stores in the United States to be unionized.

Best Buy settles class-action bias lawsuit

Source: Martinne Geller and Dhanya Skariachan, Reuters

Best Buy Co agreed to settle a class-action lawsuit accusing the largest U.S. electronics retailer of job discrimination.

June 18, 2011

Former SEIU President Stern Splits With Labor, Backs Tax Holiday

Source: Stephanie Armour , Bloomberg

Andy Stern, former president of the second-largest labor union, said he backs easing tax rules to encourage companies with overseas profits to return the cash to the U.S., a position that puts him at odds with organized labor.

Former SEIU President Stern Splits With Labor, Backs Tax Holiday

Source: Stephanie Armour , Bloomberg

Andy Stern, former president of the second-largest labor union, said he backs easing tax rules to encourage companies with overseas profits to return the cash to the U.S., a position that puts him at odds with organized labor.

Teachers Union Confronts Some Crucial Decisions

Source: Rebecca Vevea, New York Times

The newly seated Chicago Board of Education may have won the first battle with Chicago teachers this week when it rescinded a 4 percent pay raise, but it may also have ended a relatively peaceful era in labor relations and created a more pugnacious adversary.

UMass gets $364,000 penalty in bias case [Article no longer available]

Source: State House News Service, Boston.com

The University of Massachusetts Dartmouth has been fined $10,000 and ordered to pay one of its English professors $154,000 in lost wages and $200,000 in damages for emotional distress as part of a decision issued by the state's antidiscrimination agency.

June 17, 2011

Employers Spruce Up Benefits to Keep Older Workers, BofA Says

Source: Margaret Collins, Bloomberg

Employers are sprucing up benefits such as flexible work schedules and retirement planning to retain older workers, according to Bank of America Corp. (BAC)

Separate Bills Focus on Two Pieces of Immigration Puzzle

Source: Julia Preston, New York Times

For many lawmakers in Congress, the immigration issue has become too hot to touch, especially with presidential campaigns starting up and voters, burdened with persistent unemployment, in a volatile mood.

Sonic Drive-In Settles EEOC Sexual Harassment And Retaliation Suit For 2M

Source: Press Release, EEOC

Manager Harassed Numerous Female Workers, Including Teens, and Retaliated Against Victims Who Complained.

June 15, 2011

Wis. Supreme Court upholds controversial union law [Article no longer available]

Source: CNBC

Wisconsin's polarizing union rights law will take effect thanks to a sharply divided ruling by the state Supreme Court that determined a judge overstepped her authority when she voided the governor's plan to strip most public workers of their collective bargaining rights.

Suit challenges Tenn.'s anti-discrimination limits

Source: Kristin Hall , Business Week

Tennessee cities and counties that want to make it tougher to discriminate against gays and lesbians face a stumbling block under a new state law.

Wal-Mart Workers Try the Nonunion Route

Source: Steven Greenhouse, New York Times

Workers at a Wal-Mart in Lancaster, Calif., have been organizing to push for better pay and conditions from the retailer.

June 14, 2011

Labor Agency Challenges Boeing Factory Location

Source: Wendy Kaufman, NPR

The National Labor Relations Board has accused Boeing of retaliating against its union workers by setting up a new non-union factory in South Carolina. The NLRB says in doing so, Boeing broke federal labor law.

Here's how to avoid sabotaging your 401(k) plan

Source: Sandra Block, USA Today

Your front porch sags, your kitchen is the size of a broom closet, and you can't run the vacuum and the dishwasher at the same time without blowing a fuse.

To Create More Jobs, Go Where the Jobs Are

Source: Scott Shane, Wall Street Journal

The Obama administration is trying to spur job growth by helping tech start-ups get off the ground. But job-growth statistics suggest the plan may rest on some faulty assumptions.

June 13, 2011

Former Employee Breaks Silence About Landmark Sexual Harassment Case [Article no longer available]

Source: Betsey Bruce , Fox2Now

Tuesday a federal jury in East St. Louis found Alford's former employer, Aaron's, a lease to own store, and her former boss, Richard Moore liable for sexual harassment. The jury awarded Alford a near record $95 million. Caps on federal cases of this sort mean the most she will receive is $40 million.

Strike could be near for Ralphs, Vons and Albertsons workers, union warns

Source: Sharon Bernstein and P.J. Huffstutter, LA Times

President of United Food and Commercial Workers Local 770 says the two sides are primarily battling over health coverage. The supermarkets' employees have already approved a walkout.

16 AGs weigh in on NLRB's suit against Boeing [Article no longer available]

Source: AP, Washington Post

Attorneys general from more than a dozen states on Thursday weighed in on a lawsuit filed by the National Labor Relations Board.

June 10, 2011

Obama prods employers to invest in displaced workers

Source: Christi Parsons, LA Times

President Obama touts a plan to tailor job-training programs to meet the needs of manufacturing firms.

Jury awards 95M in Fairview Heights sex harassment suit

Source: Robert Patrick, St. Louis Today

The Aaron's Inc. chain of more than 1,800 stores made a profit of 118M last year, and a jury here says it owes the vast majority to a former employee of the Fairview Heights branch in a sexual harassment case against her boss.

Dems defend NLRB against GOP pushback on Boeing suit

Source: Kevin Bogardus, The Hill

Democrats and liberal groups are fighting back against criticism of the National Labor Relations Board (NLRB) as they grow worried that the attacks could diminish the labor board's authority.

June 9, 2011

Hearing held on transgender rights bill [Article no longer available]

Source: Brian MacQuarrie, Boston.com

Depending on the arguments heard yesterday at the State House, a bill to ban transgender discrimination is either the next leap for civil rights in Massachusetts or a way for predators to gain access to bathrooms and locker rooms used by the opposite sex.

Report documents dramatic shift in immigrant workforce's skill level

Source: Tara Bahrampour, Washington Post

Highly skilled temporary and permanent immigrants in the United States now outnumber lower-skilled ones, marking a dramatic shift in the foreign-born workforce that could have profound political and economic implications in the national debate over immigration.

White House to announce more on initiative to link skilled workers, manufacturers [Article no longer available]

Source: Barbara Barrett, Miami Herald

The White House will announce today plans to build on an initiative that officials say will link American manufacturing companies to the kind of skilled workers they'll need in the near future.

June 8, 2011

Wis. justices hear arguments in union law case

Source: Todd Richman, Business Week

Conservative justices on the Wisconsin Supreme Court questioned a Madison judge's authority to block the state's polarizing union rights law as they listened Monday to arguments on whether they should rule in a lawsuit challenging the plan.

Bill Aims to Protect Hotel Workers From Sexual Abuse

Source: Steven Greenhouse, New York Times

Two Democratic lawmakers have introduced legislation to require hotel and motel owners in New York State to provide sexual harassment training to their employees and to provide a clear system for reporting episodes of sexual abuse.

Lawyer Bets Big on Wal-Mart Discrimination Ruling

Source: Nathan Koppel, Wall Street Journal

Soon, the Supreme Court should issue its ruling in Wal-Mart v. Dukes, the high-profile case concerning whether a million-plus women can band together to bring a discrimination class action against the retailer.

June 7, 2011

Conn. Poised To Be First State To Mandate Sick Pay

Source: Jennifer Ludden, NPR

As many Americans watch their job benefits shrink amid tight budgets, Connecticut is about to defy the trend: It's set to become the first state to mandate paid sick days for some low-wage workers

National View: Court ruling threatens rights of women in workplace

Source: Susan Antilla, Southern Coast Today

Fifteen years after female brokers sued Smith Barney & Co. in a lawsuit famously known as the Boom-Boom Room case, financial firms have set up harassment training, torn racy photograp

Columbia Women's Shelter to Pay $103K to Settle Lawsuit

Source: James Jobes, KOMU

The U.S. Equal Employment Opportunity Commission (EEOC) said Monday that a Columbia shelter for women has agreed to pay $103,000 to settle a lawsuit for unlawful retaliation.

June 6, 2011

Labor Board Broadens Delta Probe

Source: Mike Esterl, Wall Street Journal

The National Mediation Board is widening its probe into union allegations that Delta Air Lines Inc. interfered in a failed organizing drive last year, further heightening scrutiny of the big U.S. carrier and the federal agency that oversees it.

EEOC Obtains $600,000 Verdict Against AutoZone For Failure To Accommodate Disabled Employee

Source: Press Release, EEOC

A federal court jury in Peoria has returned a verdict of $600,000 against AutoZone, Inc. for failing to provide a reasonable accommodation to a disabled sales manager, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

Temporary Staffing Firm and Client Company To Pay $42,500 to Settle EEOC National Origin Lawsuit

Source: Press Release, EEOC

A group of South Carolina temporary staffing firms and one of its clients, a subcontractor, have agreed to pay $42,500 and provide other relief to settle a national origin discrimination lawsuit brought by U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Dots To Pay Nearly A Quarter Million To Settle EEOC Race Discrimination Suit

Source: Press Release, EEOC

Merrillville, Ind., Store Denied Jobs to White Applicants on a Systemic Basis, Federal Agency Charged

EEOC proposes records rule on Genetic Information Nondiscrimination Act

Source: Judy Greenwald , Business Insurance

The Equal Employment Opportunity Commission has issued a proposed rule under which employers would be required to maintain all relevant employment and personnel records until any charge filed under the Genetic Information Nondiscrimination Act is resolved.

NYPD sergeant files sexual harassment complaint against his male boss

Source: John Marzulli , New York Times

An NYPD sergeant has filed a complaint that claims he's being sexually harassed by his male boss, the Daily News has learned.

June 3, 2011

Career Journal: Email Etiquette at Work

Source: Nikita Garia, Wall Street Journal

Since emails are not as formal as letters, experts say that many employees don't pay attention to the tone and composition of work-related email. But that can hurt professional credibility.

Updating a Résumé for 2011

Source: Elizabeth Garone, Wall Street Journal

While the résumé as you know it from 10 years ago is still alive and kicking, there have been a number of modifications to it.

EEOC proposes records rule on Genetic Information Nondiscrimination Act

Source: Judy Greenwald, Business Insurance

WASHINGTON--The Equal Employment Opportunity Commission has issued a proposed rule under which employers would be required to maintain all relevant employment and personnel records until any charge filed under the Genetic Information Nondiscrimination Act is resolved.

June 1, 2011

In Shift, Justice Department is Hiring Lawyers With Civil Rights Backgrounds

Source: Charlie Savage, New York Times

Under the Obama administration, the Justice Department's Civil Rights Division has reversed a pattern of systematically hiring conservative lawyers with little experience in civil rights, the practice that caused a scandal over politicization during the Bush administration.

Post-Feminist Equality: Do Women Have Real Choice in the Modern Workplace?

Source: Alice G. Walton, Forbes

I am a young career woman. And I want to have kids in the near future while pursuing a career.

Longs Drugs Settles EEOC Race, Gender Discrimination and Retaliation Suit

Source: Press Release, EEOC

African-American Female Buyer Held to Unequal Standard, Federal Agency Charges.

May 30, 2011

Wal-Mart Is Being Pressed to Disclose How Global Suppliers Treat Workers

Source: Stephanie Clifford, New York Times

Wal-Mart is facing new pressure to monitor and disclose how its international suppliers treat their workers.

Pressured to quit, older workers start fighting back in courtroom [Article no longer available]

Source: Nelson D. Schwartz (New York Times), Detroit News

Last year, the EEOC filed suit against Kelley, Drye & Warren in New York, arguing that it acted illegally when it forced a partner to give up his equity stake when he turned 70, and cut his bonus. The agency termed the suit "a wakeup call for law firms," and specifically cited the firm's mandatory retirement age.

May 27, 2011

Law Firm Is Sanctioned Over Client's Concealment in Bias Suit

Source: Mark Hamblett, New York Law Journal

The law firm of Thompson Wigdor & Gilly has been sanctioned $15,000 for allowing a client in an employment discrimination suit to conceal that she had obtained a new job for substantially more money.

What If You Had Unlimited Vacation?

Source: Suzanne Lucas, bNet

There are companies that are trying this approach. The Wall Street Journal reported on companies that had "name your own vacation" policies.

May 26, 2011

Conn. Senate OKs paid sick leave legislation

Source: Stephen Singer (AP), Bloomberg Business Week

The Connecticut Senate narrowly passed legislation Wednesday requiring businesses to offer employees paid sick time, moving the state closer to becoming the first in the nation to impose the mandate.

Judge Voids Wisconsin Law Curbing Unions

Source: Steven Greenhouse, New York Times

The law, which Governor Walker proposed and vigorously pushed, and which generated huge protests in Madison, the state capital, bars public-sector unions, except those representing police officers and firefighters, from bargaining over health benefits and pensions. It allows bargaining over wages, but does not permit raises higher than the inflation rate unless they are approved in a public referendum.

May 25, 2011

Comparing Wages Across the U.S.

Source: Sara Murray, Wall Street Journal

For employees in most occupations, it pays to work on the coast.

Act Teleconferencing to Pay $40,000 to Settle EEOC Disability Discrimination Law Suit

Source: Press Release, EEOC

ACT Teleconferencing Services, a Colorado-based provider of audio, web, and video conferencing services to companies in the United States and abroad, will pay $40,000 to settle a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Three-Quarters of Employers Plan to Hire New Graduates

Source: Sara Murray, Wall Street Journal

Three out of four companies plan to hire recent college graduates, a new survey shows, in the latest sign of an improving job market for the Class of 2011.

May 24, 2011

New Hampshire On Cusp Of Approving Right-To-Work

Source: Josh Rogers, NPR

A vote in New Hampshire will decide whether the Granite State becomes the 23rd state to forbid union contracts that charge nonmembers a share of collective bargaining costs.

Employers see benefits of workplace flexibility

Source: Ruth Mantell, MarketWatch

Workplace flexibility -- telecommuting, flexible hours and other employee accommodations -- is an idea growing on employers who are trying to grow their companies out of the recession.

May 23, 2011

US appeals court reverses decision on skycap tips [Article no longer available]

Source: AP, Forbes

A federal appeals court has reversed a ruling that awarded more than $333,000 to nine skycaps at Boston's Logan International Airport who claimed they were cheated out of tips when American Airlines started charging curbside baggage fees.

More employers are offering on-the-job health care

Source: Michelle Andrews, Washington Post

Day in and day out, workers troop into the office, spending the better part of their waking hours there. What better place to have medical staff on hand, not only to treat sore throats and cut fingers but also to help employees stay healthy by offering on-site preventive tests and screenings, and coaching to encourage healthful habits?

Lawmakers reach likely deal on workers' comp

Source: Andrew Garber, Seattle Times

State lawmakers apparently cleared a major hurdle Sunday, reaching an agreement to overhaul the state workers' compensation system.

Dealing with your workplace Debbie Downer

Source: Tom Fox, Washington Post

It can be hard to inspire a team when you're faced with dissension from another team member.

May 19, 2011

Okla. Legislature approves workers' comp overhaul

Source: AP, Bloomberg Business Week

A plan to overhaul Oklahoma's workers' compensation laws has been given final approval in the state Legislature.

Online College To Pay $260,000 To Settle EEOC Lawsuit Charging Sex Harassment By Supervisors

Source: Press Release, EEOC

High-Tech Institute, Inc., doing business as Anthem College Online, will pay $260,000 as part of a settlement of a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

New York bill would ban unemployment discrimination

Source: Jessica Dye (Reuters)

New York Democrats introduced legislation Thursday that would make it illegal for employers to disqualify out-of-work job-seekers solely because they are unemployed.

The Most Awkward Meeting

Source: Katherine Rosman, Wall Street Journal

New Elevators Sort Employees, Foiling Manners And Face Time

The Workplace Whodunit: Navigating a Culture of Blame

Source: Francesca Donner, Wall Street Journal

Ben Dattner, an organizational psychologist and founder of Dattner Consulting, believes that credit and blame lie at the psychological core of the workplace.

May 18, 2011

How to find a job in 2011

Source: Jessica Dickler, CNN Money

Good news: The job market is improving and employers are starting to hire again. But the rules of landing a job have changed.

NLRB Faults Company for Firing Workers Over Facebook Posts

Source: Melanie Trottman, Wall Street Journal

The National Labor Relations Board said Wednesday a nonprofit in organization in Buffalo, N.Y. was wrong to fire five workers for Facebook postings that criticized working conditions, and disclosed that it has more than two dozen cases involving worker complaints aired on the social media site.

Senate Bill Would Limit Savers Using 401(k)s as Rainy-Day Funds

Source: Margaret Collins, Bloomberg

Workers will be limited in tapping their 401(k) retirement plans for loans under legislation two senators introduced today that's designed to counter the erosion of retirement assets.

The secret life of a resume

Source: Tami Luhby, CNN Money

Just where does your resume go after you hit the submit button on a job application?

Tech distractions for workers add up

Source: Tim Mullaney, USA Today

Distractions caused by social media, e-mail and badly designed office technology may cost a 1,000-worker company more than $10 million a year, a survey says.

May 17, 2011

Legislature OKs six state worker contracts

Source: Marisa Lagos, San Francisco Chronicle

Overall, the six contracts - covering workers in prisons, scientists, engineers and others - would, among other things, do away with imposed furloughs, increase state employees' pension contributions and temporarily cut pay for a year before giving top earners a raise in 2013.

Starbucks sued for firing barista with dwarfism

Source: Amy Rolph, Seattle P-I

The federal government is suing Seattle-based Starbucks for firing a barista with dwarfism in 2009.

Companies tie more of workers' pay to performance

Source: Ruth Mantell, MarketWatch

Labor costs generally are a large portion of a company's spending. Continued emphasis on pay gains that vary based on employees' performance reflects companies' efforts to control costs and focus on spending for results, according to human resources consultancy Aon Hewitt.

The Great Recession's lost generation

Source: Chris Isidore, CNN Money

The brutal job market brought on by the recession has been hard on everyone, but especially devastating on the youngest members of the labor force.

May 16, 2011

Dillard's to Pay $50,000 to Settle EEOC Age Discrimination Suit

Source: Press Release, EEOC

Dillard's, Inc., a major department store chain, will pay $50,000 and furnish other relief to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged in its lawsuit that Dillard's discriminated against a manager when it discharged her because of her age, 61.

America's CEOs: Jobs outlook better, but ...

Source: Paul R. La Monica, CNN Money

Business leaders believe the economy is getting better and many even said they are hiring more workers as a result.

But chief executive officers remain nervous about many things, most notably higher gas prices and debt problems in the United States and Europe. That's according to a CNNMoney survey of 24 CEOs conducted over the past few weeks.

May 15, 2011

Nursing Homes Seek Exemptions From Health Law

Source: Robert Pear, New York Times

It is an oddity of American health care: Many nursing homes and home care agencies do not provide health insurance to their workers, or they pay wages so low that employees cannot afford the coverage that is offered.

May 14, 2011

Cardiologists Accuse Hospital of Discrimination

Source: Emily Ramshaw, New York Times

But whether racial animus led Citizens Medical, a 344-bed county-owned hospital, to close its cardiology unit to non-staff doctors -- effectively revoking the privileges of Drs. Harish Chandna, Ajay Gaalla and Dakshesh Kumar Parikh to practice there -- is the subject of fierce debate and a discrimination lawsuit filed by the three doctors in Federal District Court in the Southern District of Texas.

May 12, 2011

Extreme Multitasking: Surviving the Superjob

Source: Anne Kadet, Wall Street Journal

A majority of Americans have taken on extra duties at work, often without more pay. How the up-and-down economy has redefined multitasking.

Hyundai Ideal Electric Company to Pay $188,000 to Settle EEOC Sex Bias and Retaliation Suit

Source: EEOC

Hyundai Ideal Electric Company (HIEC), located in Mansfield, Ohio, will pay $188,000 to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Bill prohibiting 'captive audience' meetings moves to Conn. Senate after 11-hour House debate [Article no longer available]

Source: Associated Press

A bill that would forbid employers from requiring their workers to attend certain mandatory meetings is heading to the Connecticut Senate, where it likely faces a lengthy debate.

Your mother was right: Manners matter as etiquette goes to work

Source: Carolyn Kepcher, New York Daily News

Your mother was right: Manners matter. However, the concept of etiquette extends beyond which fork to use at dinner - especially when it comes to proper behavior in the workplace.

May 11, 2011

EEOC targets gender gap in wages

Source: Luci Scott, Arizona Republic

Andrea Baran, supervisory attorney in the agency's district office, spoke Tuesday at a seminar, Phoenix Fair Pay Day, attended by dozens of employers and employees at the EEOC offices, 3300 N. Central Ave. in Phoenix.

NH gov vetoes anti-union bill [Article no longer available]

Source: Norma Love (AP), Boston Globe

New Hampshire's Democratic Gov. John Lynch kept his promise and vetoed a bill Wednesday that bars unions from collecting a share of bargaining and administrative costs from non-members.

Want to live longer? Supportive co-workers may help

Source: Reuters

Having supportive colleagues not only makes the workday easier, it may also help people live longer, according to a new study.

Mass. health workers seek job retraining funds [Article no longer available]

Source: Associated Press, Boston Globe

Unionized health care workers in Massachusetts say money for job retraining should be part of any effort to reform the health care payment system.

Typhoon discriminated against Thai chefs, Oregon workplace investigators conclude

Source: Brent Hunsberger, Oregonian

State workplace regulators say the Typhoon restaurant chain discriminated against its Thai workers, asserting the Tigard-based company leveraged their visas to pay them less, work them longer and subject them to less favorable contract terms and working conditions than their non-Thai peers.

May 10, 2011

Yankee Stadium concession workers sue over tips

Source: Erin Geiger Smith, Reuters

Three current and former waiters who served fans in premium seats at Yankee Stadium have filed a lawsuit against their employer over the withholding of tips automatically charged on food and drink orders.

General Motors to add or keep 4,000 jobs, invest $2B, at 17 plants in the US [Article no longer available]

Source: Tom Krisher (AP), Washington Post

GM said Tuesday that it will add or keep 4,000 jobs in the U.S. by hiring new employees or calling back furloughed workers over the next year and a half.

Quit your job? Make a graceful exit

Source: Dawn Klingensmith, Philly.com

When you resign, you will have final words with someone, be it an HR rep in an exit interview or your boss in a less formal context. To whomever you bid your final farewell, do it calmly and with class.

May 9, 2011

3,055 file for unemployment from Alabama storms [Article no longer available]

Source: Phillip Rawls (AP), Forbes

More than 3,000 Alabama workers have filed for unemployment compensation benefits because the tornadoes April 27 knocked them out of work, and that could cause a slight increase of about one-tenth of a percentage point in the state's unemployment rate.

Kansas Senate approves compromise pension bill [Article no longer available]

Source: John Hanna (AP), Forbes

The Kansas Senate approved a proposal on Monday for attacking the long-term funding problems facing the state pension system without starting a 401(k)-style plan for new teachers and government workers.

NLRB pursues secret-ballot lawsuit in AZ

Source: Ashley Fletcher Frampton, Charleston Regional Business Journal

As promised earlier this year, the National Labor Relations Board on Friday filed a lawsuit challenging an Arizona constitutional amendment on secret-ballot votes for union elections.

May 6, 2011

Workplace 'Rights' That You Don't Have

Source: Suzanne Lucas, bNET

I get tons of emails where the writer tells a story and then ends with, "is that even legal?" Most of the time it is legal.

Help Wanted on Factory Floor

Source: James R. Hagerty, Wall Street Journal

U.S. manufacturing companies, long known for layoffs and shipping jobs overseas, now find themselves in a very different position: scrambling for scarce talent at home.

Citizens Republic Settles Detroit-Bias Claims

Source: Matthew Dolan, Wall Street Journal

Federal law-enforcement officials reached a $3.6 million settlement with Citizens Republic Bancorp over allegations that branches of its banks discriminated against Detroit's black residents by improperly favoring white residents in southeastern Michigan.

April 27, 2011

StoneRidge Health and Rehab Center to Pay $22,000 to Settle EEOC Retaliation Lawsuit

Source: Press Release, EEOC

StoneRidge Health and Rehab Center, LLC, a long-term care facility located outside of Little Rock, will pay $22,000 to settle a lawsuit for retaliation brought by U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Mo. governor condemns discrimination law changes

Source: Wes Duplantier , Bloomberg Business Week

Missouri Gov. Jay Nixon spoke out Monday against legislation that would make it harder for employees to prove they were fired because of discrimination.

Bellevue settles age-bias case

Source: John Ferak, Omaha World Herald

The City of Bellevue has agreed to pay $100,000 to a former longtime code enforcement worker who accused the city of age discrimination in a federal lawsuit.

April 26, 2011

NJ worker fired over Quran burning gets job back [Article no longer available]

Source: AP, Kansas City Star

The New Jersey Transit employee fired for publicly burning pages of the Quran on the ninth anniversary of the 9/11 attacks is getting his job back

Los Angeles officials want workers to trade furloughs for pay cuts

Source: David Zahniser, LA Times

City employees who have lost money because of unwanted days off are interested, but a number who are exempt from unpaid leave are urging opposition.

Labor Board Plans to Sue 2 States Over Union Rules

Source: Steven Greenhouse, New York Times

The National Labor Relations Board has told state officials that it will soon file federal lawsuits against Arizona and South Dakota in seeking to invalidate those states' constitutional amendments that prohibit private sector employees from choosing to unionize through a procedure known as card check.

April 25, 2011

Ralph Jones Sheet Metal Settles EEOC Racial Harassment Suit for $160,000

Source: EEOC

White Supervisor Routinely Insulted and Demeaned African-Americans, Federal Agency Charges

Best Companies to Work For: Happy Campers

Source: CNN Money

Taking care of top talent is taking precedence as the economy picks back up. Here's how Zappos, DreamWorks Animation, and Teach for America do it

A Minimum-Wage Job?

Source: Dennis Nishi, Wall Street Journal

After sending out 100 résumés and getting no responses, Joel Lueck, 52, took a part-time job at a Harris Teeter grocery store making $8 an hour.

April 22, 2011

Privacy is potentially a costly workplace issue

Source: Jennifer LeClaire, Boston Business Journal

Protecting Americans' personal, private information is vital to making the Information Age everything it should be.

NH Senate says no to union costs for non-members

Source: Kathy McCormack, Bloomberg Business Week

The New Hampshire Senate on Wednesday voted to end the practice of requiring non-union members to pay a share of collective bargaining costs, a bill Gov. John Lynch has said he plans to veto.

EEOC Underestimates Impact of ADA Amendments Act

Source: Jill Jusko, Industry Week

More people likely affected at greater cost to employers.

April 21, 2011

Working With Five Generations In The Workplace

Source: Rawn Shah, Forbes

From a recent conversation with Jeanne Meister, we are facing a new future in terms of demographics at work: we will soon have five generations in the workplace at once.

77 Cents on the Dollar Isn't Fair

Source: Editorial, New York Times

In a disappointing defeat for women, Senate Republicans worked overtime in December to ensure that a measure addressing gender-based wage discrimination never reached the Senate floor where it likely would have passed by a sizable majority.

Cases Target Illegal Labor

Source: Miriam Jordan & Julie Jargon , Wall Street Journal

The federal government deepened its crackdown on employers of illegal immigrants, charging the owners of one restaurant chain with hiding the employment of hundreds of undocumented immigrants and launching a criminal probe into the practices of another chain.

April 20, 2011

Florida Gives Superhero Capes to Jobless

Source: Conor Dougherty, Wall Street Journal

States have come up with a lot of ideas for reducing the nation's high unemployment rate, but Florida labor officials have come up with an unique approach to reduce the state's 11.1% unemployment rate (the nation is at 8.8%).

L.A. County to pay $900,000 to settle deputy's harassment suit

Source: Robert Faturechi, Los Angeles Times

Deputy Robert Lyznick had alleged that his supervisor sexually harassed him and threatened him with violence.

Bill barring transgender bias in workplace awaits gov's OK

Source: Chris Mikesell , Honolulu Star Advertiser

A proposal to solidify civil rights protections for transgendered employees is headed for the governor's desk after the state House agreed to a Senate draft of the bill earlier this week.

April 19, 2011

Workplace Bias Against Breastfeeding Moms Persists

Source: PsychCentral

Breastfeeding tends to improve baby and maternal health, and most health agencies recommend that when biologically possible, women should breastfeed infants exclusively for the first six months.

The Top 5 Reasons Why Your Boss Is Ineffective and How You Can Help

Source: Glenn Llopis, Forbes

Don't you often wonder why there is so much dysfunctionality in your workplace?

State launches probe into campaign to provide superhero capes to jobless

Source: Jim Stratton, Orlando Sentinel

State labor officials asked their inspector general Monday to investigate why a Central Florida agency wants to spend public money to furnish the unemployed with capes.

April 18, 2011

Rebuilding trust in the workplace

Source: Dennis Reina and Michelle Reina, Burlington Free Press

The importance of trust in the workplace is universally understood.

Georgia governor to sign law targeting illegal immigration

Source: Gustavo Valdes, CNN

Gov. Nathan Deal of Georgia plans to sign into law what may be one of the nation's toughest anti-illegal immigration measures, his spokesman, Brian Robinson, said Friday.

Wall Street Women of Golden Seeds Give Cash to Female CEOs

Source: Alexis Leondis, Bloomberg Business Week

Sarah Endline asked Golden Seeds, a group of mostly women angel investors, to help contribute $1.5 million to expand her candy company.

April 15, 2011

Returning To Work: The Satisfaction Of Having A Job

Source: Tamara Keith, New York Times

The Labor Department reported on Wednesday that first-time claims for unemployment benefits jumped by 27,000 last week.

Mayor Bloomberg gets snippy in deposition for E.E.O.C. discrimination case of pregnant women

Source: Adam Lisberg, New York Daily News

Hizzoner couldn't resist making snide and snippy asides while being questioned in a sex-discrimination case against the company he founded, newly released court documents show.

Walmart workers get $440k [Article no longer available]

Source: Robert Rodriguez , Fresno Bee

Walmart has agreed to pay $440,000 to a group of Hispanic employees in Fresno who say they were subjected to ethnic slurs and derogatory remarks by a co-worker.

April 14, 2011

Work-Life Balance for Everyone

Source: Kimberly Weisul, bNet

A new study from the Center for WorkLife Law looks at the impact of so-called just-in-time scheduling on absenteeism and turnover among hourly employees, and makes some creative suggestions for getting more flexibility to those who need it to be productive employees

Merkley introduces bill to protect gays from workplace discrimination

Source: Charles Pope, Oregon Law

Reviving a campaign of more than three decades, Sen. Jeff Merkley will offer legislation today outlawing workplace discrimination based on sexual orientation or gender identity.

April 13, 2011

Fire officer's racial-bias suit dismissed [Article no longer available]

Source: Kathy Lynn Grey , Dispatch Politics

A Columbus Fire Division battalion chief who was the first woman in that position has lost the discrimination lawsuit she filed against the city in federal court.

Teamsters rally to fight Pa. right-to-work bill [Article no longer available]

Source: Tracie Mauriello, Philly.com

Teamsters rally today drew almost 400 laborers to the Capitol, where union leaders promised to bring thousands next time if lawmakers push through anti-worker legislation.

Texas company sued for abuse of Iowa workers

Source: Michael J. Crumb, Bloomberg Business Week

A Texas company is accused of severely abusing and discriminating against 31 mentally disabled men who worked at an Iowa turkey processor, in a federal lawsuit filed Wednesday by the U.S. Equal Employment Opportunity Commission.

April 12, 2011

Montana governor signs work comp compromise

Source: AP, Bloomberg Business Week

Montana Gov. Brian Schweitzer has signed the compromise plan he worked out with Republican leaders to reduce worker's compensation insurance rates universally regarded as among the most expensive in the country

S.C. Democrats call anti-union legislation a 'political ploy' [Article no longer available]

Source: Gina Smith, Miami Herald

Gov. Nikki Haley and the Republican-controlled Legislature are working with increasing fervor to ensure that South Carolina -- long an anti-union state -- is a place where businesses can set up and grow without fear of organized labor.

Women, Northeasterners Would Like More Pay

Most Americans think they are paid fairly, but some groups are more likely to think this than others.

Analysis: Discrimination case may not go all Wal-Mart's way

Source: Moira Herbst, Reuters

Oral arguments had barely finished in the Wal-Mart sex-discrimination case at the U.S. Supreme Court when many commentators declared total victory for the retail behemoth

April 11, 2011

Farmworker Sexual Harassment Suit Settled for $27K [Article no longer available]

Source: AP, Mercury News

A California farm company is paying $27,500 to settle a federal sexual harassment and retaliation lawsuit filed on behalf of a teenage vegetable packer.

State ordered to pay $467K in age-bias claims

Source: Paul Walsh, Star Tribune

The Minnesota Department of Human Services has been ordered to pay $467,000 to resolve age-discrimination claims filed on behalf of 29 people who were denied employer contributions for retiree health and dental insurance.

The Hidden Job Crisis for American Men

Source: Bloomberg Business Week

Men are disappearing from the workplace in ways that don't always register on the official unemployment rate.

Ex-Employees File Title VII Suits Against Dallas Firm

Source: Miriam Rozen , Texas Lawyer

Two former employees of Dallas' Simon, Eddins & Greenstone have sued the firm in federal court, alleging they were discriminated against based on their sex, subjected to a hostile work environment and unlawfully discharged in violation of Title VII of the Civil Rights Act of 1964.

April 8, 2011

Limits Sought to Employers' Use of Credit Reports

Source: Byron Acohido, USA Today

Battle lines are being drawn in state capitals over whether workers should be judged by their creditworthiness.

Walmart and Women: Why the Discrimination Suit Matters

Source: Amy Levin-Epstein, CBS

Walmart's treatment of female employees is under fire, both in the courts and in the media. The corporate behemoth has about a billion reasons to closely examine its corporate policies and their store-level implementation.

FACT CHECK: Are federal workers overpaid? [Article no longer available]

Source: AP, AP

Republican leaders in Congress think so, and they are calling for an overhaul of the entire federal pay system to help slash government spending.

Adam Brothers Farming Settles EEOC Sexual Harassment And Retaliation Suit

Source: EEOC, EEOC

Adam Brothers Farming, Inc., a farm in Santa Maria, Calif., that harvests and cans vegetables, will pay $27,500 and furnish other relief to settle a federal sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a teen Latina female, the agency announced today.

April 7, 2011

Who Now Qualifies as a Disabled Employee?

Source: Stephanie Rabiner, Reuters

So what is a disability, anyway? Well, the feds have changed the definition and it may mean changes for business owners.

Township to pay $140K to employee who claimed gender discrimination

Source: Lindsey Hiltey, Middletown Journal

Financial settlement reached with Denise Bruce, who filed a civil rights lawsuit claiming
 gender discrimination.

Baby boomers turn 65 with retirement prospects uncertain

Source: Alan Fram, USA Today

Baby boomers are starting to retire, but many are agonizing about their finances and believe they'll need to work longer than they had planned, a new poll finds.

April 6, 2011

McDonald's will hold hiring day April 19 to fill 50,000 jobs

Source: AP, USA Today

McDonald's (MCD) plans to hold its first national hiring day April 19 to fill 50,000 jobs at its restaurants na

Women's pay gap often starts with no negotiation on salary

Source: Anita Bruzzese, USA Today

If you're a mid-career woman wanting to make the same amount of money as -- or more than -- a male counterpart, you may have only one avenue open to you: Quit your job

Transgender non-discrimination bill passes Judiciary -- without any amendments

Source: Daniela Altimari , Courant

The legislature's Judiciary Committee on Tuesday endorsed a bill that would add gender identity and expression to the state's non-discrimination statutes

April 5, 2011

Maine's Labor Mural Prompts Lawsuit, Recall Effort

Source: Michelle Morris , NPR

The removal by Maine Gov. Paul LePage of a huge mural depicting the state's labor history has prompted a lawsuit seeking the painting's return and a citizen's effort to recall the Republican.

Iranian-born worker can sue Raytheon for bias over security clearance firing

Source: Judy Greenwald , Business Insurance

A federal appeals court has allowed a discrimination lawsuit filed by an Iranian-born engineer who was terminated by his firm after he failed to obtain Homeland Security clearance even though two fellow non-Iranian workers were permitted to continue working despite their clearances being rescinded

Lawmakers To Ban Transsexual Workplace Discrimination [Article no longer available]

Source: Daryl Huff, KITV - ABC News

Rights For Transgenders Brings Heated Opposition From Religious Groups.

April 4, 2011

Class-Action Lawsuits: Not The Answer for Workplace Gender Discrimination

Source: Barbara B. Brown , Harvard Business Review

Class action litigation can illuminate trends in the workplace, and the gender class actions of the Walmart v Dukes and others of recent vintage are no exception.

Do We Need a Brown v. Board of Education for Women?

Source: Francine Mcknenna , Forbes

The most thought provoking comment on the viability of the Wal-Mart class action heard by the Supreme Court last week was Daniel Fisher's observation that "the allegations against Wal-Mart could be made against the entire country."

New batch of gender bias suits reflective of a glass ceiling that keeps women from the ranks of management

Source: Joyce Gannon, Post Gazette

In a lawsuit filed last month that seeks [] in lost salary and benefits, six current and former female employees of Bayer HealthCare Pharmaceuticals in Wayne, N.J., say they worked in an atmosphere where executives were openly hostile to women -- especially working mothers, pregnant women and those who took maternity leave

April 1, 2011

Ex-Marc Jacobs COO accuses company president Robert Duffy of fostering x-rated workplace

Source: New York Daily News

A new sex discrimination lawsuit - by a former chief operating officer - accuses the president of Marc Jacobs International of lording over raunchy workplace hijinks, including mandatory employee pole dances.

Outsourcers Are Criticized on Visa Use

Source: Julia Preston , New York Times

Major outsourcing companies from India have been the biggest recipients of visas in recent years under a program intended to allow American companies to bring highly skilled foreign workers temporarily to the United States.

Anti-union mood moves to Nebraska's modest unions

Source: Grant Schulte, Bloomberg Business Week

In the struggle between governors and unions over public employee costs, Nebraska would seem like an unlikely battleground.

March 31, 2011

Wis. GOP pressing ahead with anti-union law [Article no longer available]

Source: AP, Associated Press

Wisconsin's Republican leaders appear to be taking the same confident and bullish approach to implementing their divisive collective bargaining law that they took to passing it, suggesting they may ignore a judge's warning that there would be consequences to moving ahead while challenges to the law are pending.

Obama threatens veto of FAA bill over labor provision

Source: John Crawley, Reuters

President Barack Obama would veto sweeping aviation legislation if Republicans in Congress succeed in gutting a rule favorable to airline and railroad union organizing, the White House said on Wednesday

The Walmart Class Action and the Culture of Discrimination

Source: Ken Greenfield , Huffington Post

If the questions earlier this week at the Supreme Court hearing about the huge discrimination suit again Walmart are any indication -- and, with this court, they usually are -- it looks like hundreds of thousands of women are about to lose.

March 28, 2011

Who's Disabled? Feds Expand the Definition

Source: Nathan Koppel, Wall Street Journal

Labor and employment lawyers are busy Friday reading, parsing, fretting, lecturing and a few other present participles after the EEOC yesterday issued new regulations governing when employees qualify as disabled.

Workers eager to job hunt as morale plunges

Source: Laura Petrecca, USA Today

Wal-Mart sex-bias case could have wide impact

Source: Eve Tahmincioglu, MSNBC

The nation's highest court will hear arguments Tuesday in a case pitting employee rights advocates against corporate America, and the outcome could have a sweeping impact on working women and the work world at large.

March 25, 2011

Wisconsin: No Ruling on Union Law

Source: Reuters & AP , New York Times

The battle over a state law curbing the union rights of public workers is headed for the State Supreme Court after a lower court declined to weigh in on the issue

Rolling Back Pay? Pregaming Next Week's Big Discrimination Argumen

Source: Ashby Jones, Wall Street Journal

Next Tuesday, down at One First St., N.E., arguably the most important sex-discrimination case to hit the Supreme Court in many years will receive a full airing.

EEOC Announces Final Bipartisan Regulations for the ADA Amendments Act

Source: Press Release, EEOC

Regulations Implement Congressional Intent to Simplify Definition of Disability.

March 24, 2011

Wal-Mart Pushes (Shoves?) Law Firms to Promote Minority Lawyers

Source: Nathan Koppel, Wall Street Journal

The Supreme Court is due next week to consider whether potentially hundreds of thousands of women can band together to sue Wal-Mart for alleged sex discrimination.

Collective Bargaining Rights Are Key for Workplace Equality

Source: Barbara R. Arnwine, Huffington Post

Women's History Month is a very special time to reflect upon both the particular challenges that women continue to face in the workplace and upon the new opportunities that will arise for economic equity.

Online etiquette flubs could crush your career

Source: Anne Fisher , CNN Money

More than three-quarters of HR executives said in a recent survey that technology-related gaffes can be hazardous to your job.

March 23, 2011

Justices Back Employee in Wage Complaint Case

Source: Adam Liptak, New York Times

Workers who complain to their employers about wage violations are protected from retaliation whether the complaints are oral or written, the Supreme Court ruled on Tuesday in a 6-to-2 decision.

Union workers 'ready to fight' over 'right to work' bills

Source: Matt Wickenheiser, Bangor Daily News

Roughly 300 union members flooded the State House on Tuesday to urge legislators to oppose two so-called "right to work" bills.

Bayer is target of $100M gender bias lawsuit

Source: AP, Bloomberg Business Week

A subsidiary of the Bayer Corporation faces a class-action lawsuit that claims the company discriminated against women, particularly pregnant women and mothers.

March 22, 2011

Workplace discrimination bills considered by Missouri lawmakers would hurt employees [Article no longer available]

Source: Michele T. Johnson , Kansas City Star

For Missouri employees the bills are potentially bad, because they basically mean that the people with power in their lives -- their employers -- have stronger armor to protect themselves even when they abuse that power.

Wisconsin Asks Appeals Court to Block Order Halting Union Bargaining Law

Source: Marie Rohde and Andrew Harris, Bloomberg

Wisconsin's attorney general asked an appeals court to block a state judge's order that temporarily halted a law curbing government employee unions' collective- bargaining power.

Wal-Mart sexual discrimination case could redefine class action

Source: Greg Stohr , Dallas Morning News

More than 100 Wal-Mart Stores Inc. workers paint a similar picture in sworn complaints about the company: Local managers made sexist decisions about promotions and pay, and top officials did nothing to stop them.

March 21, 2011

Judge blocks contentious Wisconsin union law

Source: Chris Bury, ABC News

Law Limiting State Unions' Collective Bargaining Rights Subject of Temporary Restraining Order.

Utah's New Immigration Law: A Model For America?

Source: Mara Liason, NPR

Ever since Arizona passed its tough immigration law penalizing undocumented workers, other states have been considering similar laws.

3M settles age-discrimination suit for up to $12M

Source: AP, Bloomberg

3M Co. has agreed to pay up to $12 million to settle an age-discrimination lawsuit with as many as 7,000 current and former employees.

March 18, 2011

Attitude of Bosses and Money Matter the Most

Source: Angela Henshall, Wall Street Journal

While government efforts to recruit and retain female talent in the workplace focus on flexible working and childcare support, women in financial services rank their relationship with their boss as the most important criteria of fa

Walker: Union Bosses Out of Touch

Source: Althea Fung, National Journal

If most Americans knew what the Wisconsin labor debate was really about, says Gov. Scott Walker (R), they wouldn't be up in arms.

Social-media policies can be potential pitfall for employers

Source: Mary Stuart, Denver Business Journal

Last fall, the National Labor Relations Board (NLRB) issued a complaint against an employer that supposedly fired an employee for posting negative comments on Facebook about her supervisors

March 17, 2011

Wal-Mart Gender Bias Case May Mean 'Rough Justice' for Companies

Source: Greg Stohr , Bloomberg

More than 100 Wal-Mart Stores Inc. (WMT) workers paint a similar picture in sworn complaints about the company: Local managers made sexist decisions about promotions and pay, and top officials did nothing to stop them.

Labor threats carry poignancy for Irish-Americans [Article no longer available]

Source: Associated Press

In a year when the questions of union power and the responsibility of governments to their employees have taken center stage, St. Patrick's Day is taking on dual meaning for many Irish-Americans, with their rich ties to the labor movement.

New Bill Would Ban Discrimination Against The Jobless

Source: Laura Bassett, Huffington Post

The Fair Employment Act of 2011 (H.R. 1113), drafted by Johnson and co-sponsored by Rep. Jesse Jackson, Jr. (D-Ill.), would amend the Civil Rights Act.

March 16, 2011

Senate OKs letting Texans keep guns in car at work

Source: AP, Business Week

Texans would be allowed to keep firearms and ammunition in their cars and trucks while they are at work, under a bill approved Tuesday by the state Senate over the objections of business groups

Unpaid internships gain popularity among the jobless

Source: Alana Semuels, LA Times

Working for no pay isn't the preferred route out of unemployment, but it offers valuable experience and the inside track to jobs once they do open up

Myths and Stereotypes About Mental Disabilities Greatest Barrier to Employment

Source: Press Release, EEOC

EEOC Hears Experts and Individuals with Mental Disabilities Detail Struggles to Gain Employment at Meeting.

March 15, 2011

Indiana Health Centers, Inc. To Pay $45,000 To Settle EEOC Pregnancy Discrimination Suit

Source: Press Release, EEOC

Agency Charged That Indiana Health Care Provider Terminated Dental Hygienist Due to Her Pregnancy and Upcoming Maternity Leave

Dealing with Negativity and Harassment at Work

Source: Dr. Woody, Fox Business

The overwhelming drop in national workplace morale has most certainly caused a rise in negativity at work.

A 'Pro-Business' Supreme Court? Recent Rulings Favor Workers and Injured Plaintiffs

Source: Debra Cassens Weiss, ABA Journal

Recent decisions indicate the U.S. Supreme Court isn't reflexively pro-business, despite some assertions to the contrary.

March 14, 2011

Court Enforces EEOC Investigative Subpoena And Imposes Sanctions Against Osceola Nursing Home

Source: Press Release, EEOC

Federal Judge Also Imposes Sanction for Company's Unresponsive Conduct in Sex Discrimination Case

Unions frame bargaining as civil rights issue [Article no longer available]

Source: Associated Press

Labor unions at the heart of a burning national disagreement over the cost of public employees want to frame the debate as a civil rights issue, an effort that may draw more sympathy to public workers being blamed for busting state budgets with generous pensions.

The New Wisconsin Anti-Collective Bargaining Law Primer - What's Actually In It?

Source: Rick Ungar, Forbes

On the day when the largest protest to date is set to begin in Wisconsin, it seems like a good idea to review some of the key aspects of the law Governor Walker signed into existence on Friday.

March 11, 2011

Sexual harassment suit is halted against American Apparel chief Dov Charney

Source: Andrea Chang , Los Angeles Times

Case is delayed until March 25 by a New York judge, responding to a motion by the L.A. clothing maker that the issues in the suit by Irene Morales should be settled in confidential arbitration and not at trial.

Commission to Meet Tuesday on Employment of People with Mental Disabilities

Source: Press Release, EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) will hold a public meeting on employment of people with mental disabilities on Tuesday, March 15, at 1:00 p.m. (Eastern Time), at agency headquarters, 131 M Street, N.E. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission's deliberations.

Companies Rally Behind Wal-Mart as Bias Suit Heads to High Court

Source: Ann Zimmerman & Brent Kendall , Wall Street Journal

More than 20 major U.S. companies, ranging from General Electric Co. to Costco Wholesale Corp., have lined up to support Wal-Mart Stores Inc. ahead of a March 29 Supreme Court hearing on one of the largest sex-discrimination suits in history.

March 10, 2011

The Broad Spectrum of Workplace Violence

Source: Bill Whitmore, Huffington Post

While news coverage of workplace shooting incidents defines the public consciousness of what "workplace violence" is, the true definition of workplace violence is far broader.

Wisconsin Senate Limits Bargaining by Public Workers

Source: Monica Davey, New York Times

The bitter political standoff in Wisconsin over Gov. Scott Walker's bid to sharply curtail collective bargaining for public-sector workers ended abruptly Wednesday night as Republican colleagues in the State Senate successfully maneuvered to adopt a bill doing just that.

American Apparel Exec Calls $250 Million Sex Harassment Suit 'Extortion'

Source: Russell Goldman , ABC News

American Apparel and its often-sued CEO Dov Charney have been hit with a $250 million suit by a teenage employee who claims Charney turned her into his sex slave, but the company is firing back by calling the young woman's suit "extortion."

March 9, 2011

California labor market recovery to go more slowly than predicted, report says

Source: Alana Semuels, LA Times

UCLA economists project the state's unemployment rate won't crack single digits until early 2013.

EEOC Seeks Public Comment on Plan To Review its Significant Regulations

Source: Press Release, EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) is inviting the public to comment as it develops a plan to review its significant regulations pursuant to Executive Order (EO) 13563, "Improving Regulation and Regulatory Review." 76 Fed. Reg. 3821 (Jan. 21, 2011).

Cigna sued on claims of gender bias

Source: Katie Johnston Chase and Chris Reidy, Boston.com

A Boston Cigna HealthCare employee is seeking $100 million in damages in a lawsuit that alleges the company systematically discriminates against women.

March 8, 2011

Wellness and workplace productivity

Source: Kristyn Schiavone, Chicago Tribune

Healthy workplace habits can lead to better productivity. Here are some simple lifestyle changes you can make to keep you working -- and playing -- hard.

Jobs Open, but Filling Them Slows Down

Source: Joe Light, Wall Street Journal

Hiring has yet to hit a rapid clip, but it's not for lack of job openings.

Democrats to End Union Standoff

Source: Kris Maher & Amy Merrick, Wall Street Journal

Playing a game of political chicken, Democratic senators who fled Wisconsin to stymie restrictions on public-employee unions said Sunday they planned to come back from exile soon, betting that even though their return will allow the bill to pass, the curbs are so unpopular they'll taint the state's Republican governor and legislators.

March 7, 2011

The Best Way for Retirees to Leave the Workforce

Source: Glenn Ruffenach, Smart Money

Last year at this time, Ken Bottoms, senior vice president at First Horizon National, was working his usual five days a week at the Tennessee-based financial-services company. Last summer, though, he reduced his schedule to four-and-a-half days a week. And in January, he cut it further, to four days.

America's union story: Blood, struggle and bargaining for good and bad

Source: Ashley Fantz, CNN

Eighty-one-year-old labor historian Ken Germanson watches the news from home in Milwaukee every night, mystified.

A System That Encourages Small Businesses Not to Hire Older Workers

Source: Paul Downs, New York Times

In my last post, I noted that older workers face hiring discrimination because they increase health insurance costs. Which elicited this comment

March 4, 2011

Channel 25 Settles EEOC Race And Sex Bias Suit

Source: