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  • issue 90
  • nov. 8, 2011

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In the News more

Female Wal-Mart Employees File New Bias Case

What Happened to the Gen Y Work-Life Revolution?

Liberating Data for Mainstream America

Employers May Not Rush To Drop Health Coverage After All

Enough With the Corporate Pity Party, It's Time to Create Jobs

Deep Backlog Is Detailed at New York City's Bias Watchdog

AT&T settles EEOC nationwide age bias lawsuit

5 Steps To Taking Charge of Your Career

Reality TV approach to job search can derail prospects

Musician suing for age bias who complained about elderly judge reassigned same 88-year-old judge

Religion in the workplace is an issue on the rise

US Labor Department publishes final regulation to improve access to quality investment advice

No more hiding: Alzheimer's vs. the workplace

Hertz fires 26 Muslims in Sea-Tac prayer dispute

IRS Boosts Maximum 401(k) Contribution

Labor Advocates Won't Let Up Against Jobless Discrimination

Occupy Wall Street reacts to Goldman Sachs pay

Starting salaries for white-collar workers expected to get a boost

Income Disparity And The 'Price Of Civilization'

Is Religion Above the Law?

As open enrollment starts, employers push health

Anita Hill still looking to make a difference

Ohio Wages Fierce Fight on Collective Bargaining

Thomasville City Schools Settle EEOC Age Discrimination Suit

Topic of the Week more

Inside Job: Turning a Seasonal Job into Permanent Employment

[This] reminds me of Marlon Brando. Widely considered one of the best actors of his generation, he still had to audition for his role in the Godfather, mainly because he was considered difficult by the studio. After his successful audition, he went on to read more

BLOGS: Today’s Workplacemore

The world is changing: everything we knew about getting jobs up until this point has changed. Before, attaining the highest education and gaining certain technical skills meant a guaranteed job with a pretty nice pay check. As Darren Hardy so honestly tells us, things just aren't the same. Mr. Hardy doesn't leave us hanging out to dry with this news; instead, with some of the great insight from his new book, The Compound Effect, Darren Hardy gives us seven strategies to adapting to the new job atmosphere. read more

David M. Krisch

Aim, Shoot, You're Fired

November 7, 2011 | David M. Krisch

A pharmacist at a Walgreens in Michigan was fired for using a concealed weapon while at work after he was confronted with threats from two armed robbers. While most would consider the pharmacist a hero, his employers considered him to be more of a liability than saving grace. The pharmacist has decided to head to court claiming his right to self-defense. However, he faces some obstacles in bringing his claim under Michigan state law. read more

The recent set of figures published by the U.S. Bureau of Labor Statistics reports that unemployment has fallen right below 9% and approximately 180,000 jobs have been added over the past month. While this is the kind of good news Americans look forward to hearing, the bad news is that more jobs could have been added had our politicians in Washington opted to pass legislation that would increase infrastructural jobs around the country. read more

On Tuesday, the D.C. Council passed the First Source Bill which will help thousands of unemployed workers here in the nation's capital to get jobs. Unemployed since 2008, Calvin Moore recounts his experiences and his difficulties in getting a job. His story, while unique in its own respects, is one the resembles those of many individuals' around our country who are challenged by the economy and unemployment. read more

After prolonged efforts by working families in the Denver area to pass a measure that would enforce paid sick-leave for low-wage workers, the initiative was defeated by Denver voters. Titled "Initiative 300," advocates of this measure contend that although they were defeated in Denver, they foresee Initiative 300 making its way to cities across the country. read more

Last June, approximately one million female Wal-Mart employees came together to file a class action law suit against the superstore chain citing sex-based discrimination. However, the Supreme Court barred class action certification for the claim stating that the discrimination suffered by the women was too dispersed and varying to hold them together as a class of individuals. The women are back to make sure that their wrongs are righted. Last Thursday, a suit was filed in United States District Court for the Northern District of California on behalf of 90,000 female employees of Wal-Mart coming from four different regions of the state. read more

CEOs are complaining that there aren't enough skilled workers to fill their job openings. But is this really true? The ratio of unfilled jobs to employment is down a third from pre-recession levels. So what are CEOs to do? Apparently, in these situations they should be raising wages. However, it doesn't seem too likely that they will. read more

New statistics show that more and more heterosexuals are supporting LGBT workplace equality initiatives. Many even think that these initiatives are already in place. The reality is, however, many states have not incorporated LGBT specific workplace discrimination provisions into their legislation. read more

Labor and health groups are working together to encourage business owners and companies in states across the country to increase the number of paid sick days they offer to their employers. The latest state to face the offer is Colorado. In Denver next week, voters are expected to give their input in a referendum initiative that confronts this issue of increased paid-sick days. Restaurant chains, however, are working against the referendum to try to eliminate any mandate that they pay up for employees missing work. read more

Last week, the National Taxi Workers Alliance joined the AFL-CIO as the first non-traditional labor group ever to join as an affiliate. The AFL-CIO is making an effort to reach out to different kinds of workers' rights organizations that may not fit the typical labor union mold. Many feel that with the AFL-CIO taking non-traditional labor groups under their wing, more workers organizations will be better able to negotiate for and improve upon their working conditions. read more

In the Courts more

Novella v. Westchester County

Second Circuit; No. 09-4061 Decision Date: November 3, 2011

In an appeal from a judgment of the district court arising from a class complaint under ERISA, judgment is affirmed where the court correctly awarded summary judgment to the lead-plaintiff on his individual claims for miscalculation of benefits, but reversed where the court erred in certifying the class and granting certain class judgments because the six-year statute of limitations began to run when each pensioner knew or should have known that the defendants had miscalculated the amount of his pension benefits such that some of the plaintiffs' claim may be stale. read more

Vogt v. Herron Construction, Inc.

California Supreme Court; No. E052434 Decision Date: November 1, 2011

In a tort and injury action for respondeat superior liability, summary judgment in favor of the defendant is reversed where the court erred in holding that employee had not been acting in the course and scope of his employment when he ran over plaintiff with his personal truck while accommodating a construction site request to move the truck read more

County of Kern v. Workers' Comp. Appeals Bd

California Supreme Court; No. F057718 Decision Date: October 31, 2011

In an appeal from a judgment of the trial court affirming an administrative decision in a claim for worker's compensation, judgment is affirmed where a volunteer firefighter with a local nonprofit firefighting organization was a county employee for purposes of workers' compensation coverage under Labor Code section 3361.1. read more

Molina v. Board of Administration, California Public Employee's Retirement System

California Supreme Court; No. BS121118 Decision Date: September 29, 2011

In an appeal from a judgment of the trial court denying a petition to include in petitioner's retirement pension certain proceeds from the settlement of a wrongful termination action, judgment is affirmed where under the explicit language of the settlement agreement, the proceeds constitute neither "payrate" nor "special compensation" and therefore are not taken as "compensation earnable." read more

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