May 2014
OFCCP ISSUES FINAL RULES UPDATING THE REHABILITATION ACT AND VIETNAM-ERA VETERANS' READJUSTMENT ASSISTANCE ACT (VEVRAA)
| May 2014
In a bid to boost the workforce participation of individuals with disabilities and veterans, the Office of Federal Contract Compliance Programs (OFCCP) has issued new rules that became effective on March 24, 2014. These new rules apply to all Federal contractors subject to Executive Order 11246.
The new disability-related rules:
• Establish a "util...
Employers are now confronting several issues involving off-duty marijuana use. First, there is a new type of "synthetic" marijuana that is not prohibited by many laws. Second, many states have passed laws allowing medical use of marijuana. Third, in at least three states, state law allows the legal use of marijuana for recreational purposes. These issues ...
DISCRIMINATION PLAINTIFF MUST PAY BACK SETTLEMENT PROCEEDS DUE TO VIOLATING CONFIDENTIALITY PROVISION
| May 2014
In settlement agreements, it is quite common for the parties to insert confidentiality provisions, such as the following: "The plaintiff shall not either directly or indirectly disclose, discuss or communicate to any entity or person, except his attorneys or other professional advisors or spouse any information whatsoever regarding the existence or terms ...
A recent case demonstrates a dilemma many employers face in defending legal claims. A plaintiff employee may successfully sue and recover only a small amount of money, but under the various discrimination laws, the laws generally provide for the employer to pay the prevailing plaintiff's attorneys' fees.
In a recent decision, the plaintiff's employee obt...
It is rare for defamation claims by or against unions to successfully proceed in a union environment, but a recent case makes an exception. Thomas v. Steelworkers Local 1938, 37 IER Cases 1233 (C.A. 8, 2014). The supervisor at a steel mill established a claim subject to jury trial alleging that the vice president of the union defamed him regarding inciden...
INCOGNITO PROFESSIONAL FOOTBALL INCIDENT REMINDS EMPLOYERS OF THE DANGERS OF WORKPLACE BULLYING
| May 2014
There has been a lot of national publicity given recently after a 300+ pound Miami Dolphin tackle left the team and filed grievances of player misconduct against a teammate, a 300+ pound guard. The facts in this situation are murky, but apparently the incident was part of a hazing culture involving newer team members, goading and other incidents that got ...
Top 10 Content (All-Time)
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OSHA Regional Emphasis Program for Poultry Processing Facilities
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Union Fines Employee $22,000.00 for Crossing Picket Lines
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GOVERNMENT Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real
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OSHA ALERT: OSHA Regional Emphasis Program Targets Southeastern Poultry Processing Facilities
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NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful
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DOL Proposes to Increase Salary Threshold for Overtime Exemption: Will It Raise Wages or Cut Hours?
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AI Is Another Relevant Area of Employment Law Issues
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Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers
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Supreme Court Addresses Wage-Hour Collective Actions and Statistical Proof in Tyson Case
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What Does It Take to Create a Hostile Work Environment? Apparently, a Single E-Mail Will Do