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  • issue 130
  • sep. 14, 2012

THIS WEEK: The National Conventions have brought the topic of employment to the forefront of Americans' minds. Continue the conversation with Workplace Fairness' up to the minute reports on workplace rights throughout the nation! Check out our 0.1.2.3. Content Licensing for Legal Websites to learn more about adding some new features to your firm's webpage and greater mediums for advertising!

If you would like to learn more about the services we offer, or make a donation to help us continue providing free information for workers around the nation, please contact us at [email protected] or call 240-429-0260.

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In the News more

Compensating Your Employees Fairly: A Guide to Internal Pay Equity

EEOC warns employers against enforcing confidentiality during workplace investigations

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

The EEOC Strategic Enforcement Plan Infographic

Samsung accused of sexual discrimination at China plant

California Civil Attorneys: New Labor Law Protects Big Worker Group

Court Rules Employers Must Reassign Disabled Workers to Vacant Jobs

Appeals ruling revives ADA case against United

California Gov. Brown signs bill banning religious discrimination

Michigan high court allows pro-union measure on November ballot

NLRB Loses Court Challenge Over Secret Ballots

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

EEOC Draft Plan Prioritizes Employer Hiring Practices

Arizona Wins Ruling in Labor Fight Over Union Ballots

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

Christians Claim Workplace Discrimination in Landmark Case

Wells Fargo worker fired for fake dime files civil rights complaint

EEOC Seeks Input on Strategic Enforcement Plan

EEOC Lawyer Advises Careful Navigation of Issues in the Workplace

EEOC Issues Notice of Proposed Rulemaking to Modify FOIA Regulations

6 challenges affecting the American worker

NLRB Rules on Keeping Employees From Discussing HR Investigations

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

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

Bill gives domestic workers union-style work rules

New Tennessee unemployment law makes changes helpful to employers

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

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

California workers' compensation bill faces difficulties

Managing Mental Health at Work

Court: Age discrimination unproven in Boeing sale

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

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

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

Labor Department Clarifies Compliance Rules For Internet Hiring

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

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

Bragging Works

I think we all need to brag more. Especially women. For the simple reason that bragging works. read more

BLOGS: Today’s Workplacemore

Let the uncertain fate of a proposal to raise Albuquerque, New Mexico's minimum wage be a lesson to you: Proofreading matters. Groups pushing to raise the minimum wage from $7.50 to $8.50, with tipped workers receiving 45 percent of that, collected 25,000 signatures, more than 12,000 of which were certified by the city clerk. But they apparently didn't proofread what they gathered signatures on. read more

South Africa's mining industry has been plastered across international headlines in recent days following the massacre of 34 protesting platinum mine workers in Marikana. This week, thousands of striking workers marched to protest the assault on labor rights and economic security by both the police and corporations. read more

Early this morning, Chicago teachers organized picket lines at all entrances to William H. Ray Elementary School in Hyde Park on the city's South Side. They were joined by dozens of students, parents and local community residents. read more

Cali Ressler

10 Tips for Becoming a Workplace Politics Rebel

September 10, 2012 | Cali Ressler

No one wins when you play office politics, so stop playing the game! For all the lists out there that we've seen lately (ahem.. "Tips for Pretending Like You're Really Working" or "Tips for How to Dress Like a Really Serious Professional" or "Tips to Fake Being 'On' 24/7"), I present to you a Results-Only perspective: 10 Tips for Becoming a Workplace Politics Rebel. read more

In the Courts more

Torres-Santiago v. Municipality of Adjuntas

First Circuit; No. 10-2248 Decision Date: September 7, 2012

In plaintiffs' civil rights action against a municipality and various defendants, claiming defendants engaged in unlawful political discrimination in violation of the U.S. Constitution and the laws and Constitution of the Commonwealth of Puerto Rico, district court's award of almost $60,000 in attorney fees against the plaintiffs is reversed and remanded, where plaintiffs' lawsuit was not so frivolous or unreasonable as to justify an award of fees to the defendants. read more

Frankl v. HTH Corp.

Ninth Circuit; No. 11-18042 Decision Date: September 6, 2012

In a long-running labor dispute between a hotel corporation and a union, the district court's grant of a preliminary injunction against the corporation to remedy certain unfair practices committed in violation of the National Labor Relations Act (Act), is affirmed, and the National Labor Relations Board's petition for enforcement granted where: 1) substantial evidence supports the Board's 2011 ruling regarding the corporation's conduct during 2005-2008; 2) the district court did not abuse its discretion by holding that the Regional Director showed a likelihood of success of establishing that the corporation committed an unfair labor practice by not disclosing the requested financial documents; and 3) the district court properly found that enforcement of the ALJ's order serves the public interest. read more

Long v. Office of Pers. Mgmt.

Second Circuit; No. 10-1600 Decision Date: September 5, 2012

In plaintiffs' suit brought pursuant to the Freedom of Information Act, against the Office of Personnel Management for withholding from disclosure the names and duty-station information of over 800,000 federal employees, the judgment of the district court is: 1) affirmed in part where the district court properly held that Exemption 6 permits defendant to withhold the names of employees working in the sensitive agencies and sensitive occupations; and 2) reversed in part where the district court erred in holding that some of the duty-station information could be withheld, as defendant has demonstrated that employees possess a cognizable privacy interest in their duty-station records de-linked from their names, and this interest clearly outweighs the public interest that might be served by disclosure. read more

Price v. Stevedoring Services of Am., Inc.

Ninth Circuit; No. 08-71719 Decision Date: September 4, 2012

In a longshoreman's petition for review of the Benefits Review Board's (Board) decision, challenging the maximum rate of compensation, the rate of interest on his past due compensation, and the award of simple rather than compound interest, the Board's decision is affirmed in part, reversed in part, and remanded where: 1) neither the Board's decision nor the Director of the Office of Workers' Compensation Programs' (Director) litigating position interpreting the Longshore Act is entitled to Chevron deference; 2) the Board correctly determined that the ALJ properly applied the maximum rate of compensation for 1991, when the petitioner became disabled; but 3) the Board erred in awarding simple interest on petitioner's past due payments at the section 1961 rate. read more

Workplace Fairness is a non-profit organization working to preserve and promote employee rights. For comprehensive information about job rights and employment issues nationally and in all 50 states visit www.workplacefairness.org.