There has been a long string of announcements by the Obama administration delaying implementation of the Affordable Care Act (ACA). The administration had previously delayed the application of the employer responsibility provisions (the tax) from January 2014 to 2015. The most recent announcement gives large employers with 100 or more employees more flexi...
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 ...
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...
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 ...
Perhaps the most common form of employment "litigation" is a claim for unemployment compensation. Such claims are so common that only a few employers even consider this as "litigation," although such cases often involve a hearing before a state administrative officer or "judge." Similarly, a record can be established, often by a recording that can later b...
A plaintiff recently sued an employer alleging that its dress code prohibiting dreadlocks constituted an unlawful employment practice that discriminates on the basis of race. While she was given an offer of employment, it was on the condition that she cut off her dreadlocks, and the offer was withdrawn when she refused to do so. The employer's policy stat...
Some employers feel they can assign a certain name or description to an employee termination, and that courts will say it is ok. Terms such as "don't need you anymore," or "the job has been eliminated," "poor attitude," and "not a team player" are often used. Unfortunately, the use of such terms by an employer does not always guarantee an employer's succe...
A 43-year-old head of sales was hired by a start-up internet technology company, and was employed only three months before being terminated for failing to meet sales quotas. At only 43, he was the oldest employee in the company, as most employees in the start-up company were in their 30's. The Defendant employer's chief executive made a remark to Plaintif...

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