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Employment Law

Check bankruptcy filings for possible ‘Get out of jail’ card

05/16/2008
Employees who have been fired or otherwise lose their jobs frequently encounter financial problems and end up in bankruptcy court. If the employee doesn’t list a pending EEOC or lawsuit claim against his former employer, the bankruptcy court may miss important assets and discharge the debts …

After discrimination complaint, be sure to document any potential disciplinary moves

05/16/2008
State and federal laws protect employees who file discrimination complaints from retaliation for making those complaints. That’s why it’s a good idea to make sure you carefully document any disciplinary moves that occur after an employee has complained of discrimination …

‘Boys will be boys’ won’t excuse harassment

05/16/2008
A group of black construction workers filed a race discrimination and retaliation claim with the EEOC. They complained of racist graffiti, demeaning language and their tools being stolen. The employer tried to shrug it off, basically arguing that construction sites are by nature crude and mean-spirited workplaces …

Open inquiry protects against firing bias

05/16/2008
Coca-Cola fired Dudley Thompson, who is black and from Jamaica, for not following company protocol when he went on vacation to the island—he failed to put his vacation request in writing and arrange for shift coverage …

Reality check: TV producers face overtime claims

05/16/2008
Several workers from popular reality television shows have filed wage-and-hour claims with the California Division of Labor Standards Enforcement, according to the Writers Guild of America, West (WGAW) …

Fever breaks: As nurses’ union drive cools down, TRO is lifted

05/16/2008
An ongoing, acrimonious battle between the Service Employees International Union (SEIU) and the California Nurses Association to organize nurses nationwide took a modest turn toward civility recently when a California court commissioner lifted a temporary restraining order that briefly muzzled SEIU officials …

Jamba Juice mixed up in sexual harassment blender

05/16/2008
The EEOC has filed suit against California-based fruit smoothie retailer Jamba Juice, alleging the company allowed one of its managers to sexually harass several female employees. The EEOC says the company disciplined the manager, but then promoted him two months later … 

‘Association discrimination’: A new frontier for HR?

05/15/2008
You know it’s illegal under Title VII to discriminate against employees based on their race, sex, age and other protected characteristics. But a smattering of new court cases seem to expand that protection further—and create a new employment-law risk …

Must you grant diabetic employees extra breaks as a disability accommodation?

05/15/2008
Diabetes is not automatically a disability under the ADA. But if an employee can prove her diabetes substantially limits at least one of her major life activities, such as eating, then the employee is legally disabled and protected by the ADA …

Federal minimum wage takes another 70-Cent jump in July—Rising to $6.55

05/15/2008
On July 24, the federal minimum wage will take the second step in the three-step increase that Congress approved last year. The wage floor will rise from its current $5.85 per hour to $6.55 per hour …