The act of getting coffee is not a gender specific act that can form the basis for a sexual harassment claim according to a recent court decision in Klopfenstein v. National Sales and Supply. The plaintiff had asserted that being compelled to perform what she considered to be a ‘servile task’ was, in and
Energy Expenses And Gas Prices Motivate Employers To Move To Four Day Workweek: What Are The Legal Issues?
Companies face increased energy cost as the nation’s average gasoline price reached $4.00 per gallon this week spurring a new round of cost cutting measures. Even in prior years, some employers have allowed employees to work alternate workweek schedules, such as four 10 hour days, for summer months. When this schedule is feasible from a production and
White House Mandates use of E-Verify by All Government Contractors
On June 6, 2008, President Bush amended Executive Order 12989 to require that all federal contractors verify the legal status of their employees by using the government’s electronic employment verification system or face sanctions including debarment from future contracts:
Executive departments and agencies that enter into contracts shall require, as a condition of each contract,
Genie cannot be put Back in the Bottle once Botched EEOC Filing gets to Court
The U.S. Supreme Court’s Federal Express v. Holowecki decision lowered the bar on what qualifies as a “charge” for purposes of an employee satisfying the procedural prerequisites for getting into court on a federal discrimination claim. Commentators, like Jon Hyman at the Ohio Employer’s Blog, have criticized Holowecki as unfair to employers:
My problem with
Bonus and other Lump Sum Payments to Nonexempt Employees may Impact Overtime Calculations
Employers sometimes pay bonuses to nonexempt employees without a thought of potential wage and hour compliance. Ann Bares at Compensation Force notes that Companies may pay a “lump sum” merit increase for employees who are topped out of a salary range. Other examples of lump sum payments include attendance and production bonuses, year-end bonuses and holiday gifts. Bonuses
Employee’s Abortion As Basis For Discrimination Claim
A company’s termination of a female worker’s employment for missing work in violation of an attendance policy is illegal discrimination if the termination decision is sufficiently related to the woman’s exercise of her right to an abortion. On May 30, 2008, the Third Circuit Court of Appeals issued its decision in Jane Doe v. C.A.R.S.
Sue your Employee?: Self-Insured Health Plans Reimbursement Actions have Public Relations and Legal Concerns
Self-insured medical plans typically contain “subrogation clauses” that allow the plan to claim reimbursement from a personal injury recovery of a participant. The self-insured plan’s reimbursement right exists even if state laws prohibit such attachment as ERISA pre-empts the state limitation. For example, the Supreme Court ruled that ERISA trumped Pennsylvania’s anti-subrogation law allowing a self-insured plan