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  • issue 127
  • aug. 27, 2012

THIS WEEK: Presidential campaigns aren't the only ones making use of social networking. Let Workplace Fairness help you connect with your audience! Check out our Content Licensing for Legal Websites to learn more about adding some new features to your firm's webpage and greater mediums for advertising!

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In the News more

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

Google's formula to retain women: Longer maternity leave

Counseling as an ADA-Protected Medical Examination

California Social Media Privacy Bill Would Put New Restrictions On Employers

Gay man sues Library of Congress, alleging discrimination

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

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

7 Updates on NLRB and OFCCP Proposed Rules and Posters

EEOC taking longer to complete appeals, hearings, investigations

Judge Dismisses Whistle-Blower Suit Against Infosys

Health care enrollment time tries workers

For Some Women, Discrimination Prevents Return to Work

Some companies slash labor costs by flouting federal laws

EEOC Warns Against Silencing Employees During Investigations

I refused a job transfer -- what now?

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

US goes after employers on job bias

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

EEOC and NLRB Tag Team Workplace Investigations

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

The Supreme Court To Define Supervisor For Purposes of Title VII

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

Combat Cattiness: 4 Tips To Downplay Drama And Foster Productivity

When the Boss Is a Screamer

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

One more 'right': to join a union

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

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

Accuracy in Criminal Background Checks

Employers Brace for EEOC 'Red Zone' Lawsuits

Company learns hard way to take sexual harassment seriously

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

Should You Tell Your Employer About Your Side Job?

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

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

Forced to resign: What are your options?

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

How to handle partial-day absences under FMLA

Make family leave affordable for parents

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

EEOC Intake Form Is Sufficient Notice of Discrimination Claim

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

Now illegal for Illinois employers to ask for Facebook logins

Judge Declines to Reconsider Union-Organizing Rule

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

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

Restaurant associations take action on behalf of workforce

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

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

Twin span sexual harassment case overturned by federal appeals court

2nd Circuit rebuffs challenge to Buffalo firefighter test

Court Grants EEOC Injunction Against Prospect Airport Services

Lettire Construction Agrees to Pay Back Wages for Workers

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

Health Care Reform: Critical Next Steps for Employers

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

West Virginia High Court Affirms $2.1 Million Workplace Harassment Award

For Temp Workers, 'Temp' Looking More Permanent

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

Seyfarth Shaw Study Shows Increase in Wage and Hour Labor Suits

Women Need a Raise in the Minimum Wage

Fired obese worker will get $55,000

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

Women farm workers win sex harassment case

On Wall St., Gender Bias Runs Deep

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

Illegal Aliens Are Not A Protected Class Under Title VII

Job records ordered for 'literacy' discrimination case

Our Ridiculous Approach to Retirement

Sexual harassment lawsuit roils Silicon Valley

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

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

Cocktail Waitresses, Discrimination and the Entertainer Exemption

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

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

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

Why Democrats need labor unions

Low-wage workers will rally on 'Day of Action

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

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

Newly created jobs go mostly to men

Lawsuit Claims Race Bias at Wet Seal Retail Chain

EEOC and Family Dollar Stores Sign Mediation Pact

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

Labor Department Computers Vulnerable to Leaks: Study

Making work better: industrial organizational psychology

Why Job Openings Don't Translate Into Jobs

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

Unions Fight Scranton Mayor After He Cuts Pay to Minimum Wage

Feds allege Bass Pro job discrimination

Kleiner Perkins loses key argument in Ellen Pao sex discrimination case

Racial discrimination lawsuit against Humana reinstated

Racial discrimination lawsuit against Humana reinstated

Raising Minimum Wage: A Help Or Harm?

Is taking work home overtime?

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

Sexual Orientation and Civil Rights

CIA cracks down on sexual harassment in its ranks

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

B.J. Con/Sew to Pay $75,000 to Settle EEOC Lawsuit for Harassent

Can you be fired for what you post on Facebook?

How to Ask for a Leave of Absence

Obligatory use of E-Verify could lead to discrimination

BP to Pay $5.4. Million on Gender Bias Complaints

Transsexuals have few legal remedies

Law firms hit with discrimination suits

Courts Weigh in on FMLA Limits

Minor adjustments: Complying with federal teen labor rules

What the Supreme Court's Health-Law Ruling Means for Consumers

Job screening policy casts too wide a net

Dealing with a Bad Boss

EEOC Cracking Down on Not Hiring Convicted Criminals

Employee harassment suit against university to reach Supreme Court

Outsourcing Becomes Toxic in U.S. Presidential Campaign

Supreme Court Decision on Arizona Immigration Law

FedEx Freight to Pay $115,000 to Settle EEOC Sex Discrimination Lawsuit

Laws may keep obesity bias out of hiring

Supreme Court Upholds Key Part of Arizona Law

St. Louis Restaurant Settles EEOC Sexual Harassment Lawsuit

Sixth Circuit Court of Appeals affirms Board finding that charge nurses are employees under the Act

Transgender Rights in the Workplace Are Still Unclear

Topic of the Week more

Surviving Job Insecurity

According to economists the recession is mostly in our rear view mirror so there should be more job security, correct? Welcome to the new normal, unfortunately, where job insecurity is the norm. read more

BLOGS: Today’s Workplacemore

Mike Elk

Infographic: When Dollars Stop Fatalities

August 24, 2012 | Mike Elk

New infographics from E-Training and Compliance and Safety show that as the U.S. budget for workplace safety continues to rise, the number of deaths dramatically falls. In 2010, the United States spent a then-high of $558 million dollars a year on workplace safety, and a record low of 4,600 workers died on the job. read more

Americans' fears about having their benefits or wages reduced, being laid off, or having work hours cut back shot up in 2009, and haven't fallen back to pre-2009 levels since, a Gallup poll finds. Benefit cuts lead the list of worries, with 40 percent fearful about that, while wage cuts and layoffs follow at 28 percent. read more

Steve Early

Bargain to Organize: From Boon to Embarrassment

August 21, 2012 | Steve Early

One sign, among many, of labor's current travails is the stalled union growth strategy known as "Bargain to Organize." More than a decade ago, there was no bigger buzzword in union organizing circles. When John Sweeney was elected AFL-CIO president in 1995, he encouraged affiliates to employ the tactic by pressuring unionized companies to permit uncontested organizing drives at their non-union facilities or subsidiaries. read more

Mark E. Anderson

What is poverty?

August 20, 2012 | Mark E. Anderson

What is poverty? According to the federal government poverty for a family of four is $23,050 a year. The federal minimum wage is $7.25 an hour, which, if you work a 40-hour week, 52 weeks a year, you would earn $15,080 a year. read more

In the Courts more

Hillyard v. Shinseki

Federal Circuit; No. 11-7157 Decision Date: August 17, 2012

In a veteran's second request for revision following the Veterans Administration's denial of his claim for service connection for a mental injury, the judgment of the Court of Appeals for Veterans Claims upholding the Board of Veterans Appeals' dismissal is affirmed, as the interpretation of 38 C.F.R. section 1409(c) proffered by the VA is consistent with the language of the regulation and is in harmony with the VA's description of the regulation in its notice of rulemaking. read more

Berry v. Conyers

Federal Circuit; No. 11-3207 Decision Date: August 17, 2012

In appeals brought by two employers of the Department of Defense, arising from their suspension and demotion, the decision of the Merit Systems Protection Board (Board) holding that the Supreme Court's decision in Department of the Navy v. Egan limits Board review of an otherwise appealable adverse action only if that action is based on eligibility for or a denial, revocation, or suspension of access to classified information, is reversed and remanded, as Egan prohibits Board review of agency determinations concerning eligibility of an employee to occupy a "sensitive" position, regardless of whether the position requires acess to classified information. read more

Trustees of the Local 138 Pension Trust Fund v. F.W. Honerkamp Co., Inc.

Second Circuit; No. 11-1322 Decision Date: August 17, 2012

In a suit brought by trustees of a pension plan against an employer, claiming that the Pension Protection Act of 2006 prevented the employer from withdrawing from the pension plan after the plan entered critical status, district court's grant of employer's motion for summary judgment is affirmed, as in enacting the PPA, Congress did not intend to prevent employers from withdrawing from multiemployer pension plans in critical status. read more

Ragguette v. Premier Wines & Spirits

Third Circuit; No. 11-2553 Decision Date: August 15, 2012

In an action for employment discrimination and related claims, plaintiff's appeal of the district court's grant of the employer's motion for summary judgment is dismissed for lack of appellate jurisdiction as the district court improperly granted plaintiff's motion for an extension of time to file a notice of appeal under Rule 4(a)(5), in erroneously finding that plaintiff established "excusable neglect" under the rule. read more

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