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  • issue 131
  • sep. 21, 2012

THIS WEEK: The Chicago Teachers' Union Strike reminds us of Workers' Collective Strength. Read our bloggers' take on this and more, in this week's issue of Workplace Week! 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!

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

Jury awards fired worker back pay from RadioShack in age bias suit

Ohio franchisee who runs Pa. Panera stores agrees to settle black worker's discrimination suit

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

Lawsuits over worker pay soar as economy struggles

Sterling Savings Bank Sued for Alleged Labor Law Violations

Watchdog says NLRB general counsel violated ethics rules in Wal-Mart case

Age Discrimination Keeping Boomers From Employment

Workers Standing Up for Their Rights in Record Numbers

Note if worker drops ADA accommodations ball

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

Filipino nurses win language discrimination settlement

EEOC sues Leona's alleging unfulfilled settlement

Red Lobster: We Sea FLSA Differently

Amendment to New York Wage Deduction Statute Expands Allowable Deductions

Compensating Your Employees Fairly: A Guide to Internal Pay Equity

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

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

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

School Daze

For millions of us the best way to get a raise or promotion is to get a college degree. That's why I've listed below the four things you should look for when shopping for a degree. read more

BLOGS: Today’s Workplacemore

Mike Hall

10 Ways to Rebuild the Middle Class

September 20, 2012 | Mike Hall

The middle class is the great engine of the American economy, but that engine is sputtering. Today, the National Employment Law Project (NELP), the AFL-CIO and more than a dozen other worker advocate and economic research organizations are proposing "10 Ways to Rebuild the Middle Class for Hard Working Americans: Making Work Pay in the 21st Century." read more

For the second day in a row on Tuesday, tens of thousands of Chicago Teachers Union members and supporters, clad in red shirts, flooded the city's downtown to push for concessions in contract negotiations with the city. As the third-largest school district in the nation, and the birthplace of Arne Duncan's model of education reform, the Chicago teachers' strike may well turn into a referendum on the direction of public education nationwide--including on the growth of non-unionized charter schools, which Mayor Rahm Emanuel plans to continue expanding in the city. read more

Workers at the Willow Lake coal mine in southern Illinois are now represented by the United Mine Workers of America (UMWA) after the National Labor Relations Board (NLRB) certified the union's victory in a rank-and-file election. read more

In the Courts more

Cent. Pension Fund of the Int'l Union of Operating Engineers & Participating Employers v. Ray Haluch Gravel Co.

First Circuit; No. 11-1944 Decision Date: September 12, 2012

In a suit brought by a union-affiliated benefit funds against an employer for unpaid remittances covered by a collective bargaining agreement and attorney fees, the judgment of the district court is vacated and remanded where: 1) because no final judgment entered until the district court resolved the contract-based claim for attorneys' fees, the plaintiffs' appeal is timely as to all the issues raised; and 2) the presumption is that the defendant is liable for all hours worked in which employees were shown to have performed some covered work, and until and unless the employer can offer evidence to overcome the presumption, the presumption controls. read more

Sheppard v. David Evans and Assoc.

Ninth Circuit; No. 11-35164 Decision Date: September 12, 2012

In plaintiff's suit against her former employer for employment discrimination under the Age Discrimination in Employment Act, and wrongful discharge, district court's dismissal of the complaint is reversed and remanded where plaintiff's complaint satisfies Rule 8(a)(2)'s pleading standard. read more

Ross v. Breslin

Second Circuit; No. 10-5275 Decision Date: September 10, 2012

In a school district employee's suit wrongful termination, claiming in relevant part that her termination was a violation of her First Amendment rights because she reported financial malfeasance to the school district's superintendent and to the Board of Education, district court's denial of defendants' motion for summary judgment is reversed where plaintiff's speech was not protected by the First Amendment because she was speaking pursuant to her official duties as a public employee, and therefore defendant is entitled to summary judgment on the First Amendment retaliation claim. read more

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