Monthly Archives: August 2010

Form of the Month:

TWO KINDS OF HR (PDF) Which kind are you? Use this form as a “head check” on how you view yourself in the HR role. This holds true for full-time practitioners, as well as for the folks wearing three hats. Even if you do HR part time, your goal should be to do it well.

DOL DELIVERS ON PROMISES TO HELP WORKERS

Several recent events prove that the U.S. Department of Labor (DOL) is set to deliver on its previous promises that it will go to great lengths to help workers, at the expense of employers. As we’ve informed you in previous newsletters, the DOL has received significant funding for investigating employers who misclassify workers as independent… Read more »

DISCOVERING PROBLEMS WHILE EMPLOYEES ARE ON LEAVE

In responding to HR That Works Hotline calls over the years, one of the greatest concerns employers express involves handling the situation in which a worker is on leave when the employer discovers their inefficiencies, wrongful conduct, etc. The employers worry about the employee’s argument that any discipline or termination alleging these deficiencies is really… Read more »

SPEAKING OF THE NLRB…

Speaking of the NLRB: On July 1, 2010, the NLRB outlined its plan for considering two-member cases in wake of the Supreme Court’s New Process Steel ruling. In response to numerous inquiries, the National Labor Relations Board outlined its plans for handling returned cases following the Supreme Court’s recent decision in New Process Steel v…. Read more »

GOOD OL’ BOYS CAN’T HAVE IT THEIR WAY

In Merritt vs. Old Dominion Freight Line the plaintiff claimed that the company discriminated by refusing to make her a short-haul truck driver. She argued that she was denied positions twice, when she was more qualified than the males who were hired. Then after suffering an injury on the job, she claimed the company used… Read more »

A CHANGE OF SCHEDULE CAN CREATE A REASONABLE ACCOMMODATION

In Colwell vs. Rite Aid Corporation, defense counsel posed a unique argument that the court quickly dismissed. Essentially, a clerk at Rite Aid suffered from glaucoma and asked that she have her shift changed from nights to days since she felt it was dangerous to drive at night, given her vision problems. The manager refused… Read more »

EMPLOYMENT LITIGATION IN THE NEWS

A review of employment cases during one recent month included these topics: Public policy violation/whistleblower Breach of contract/implied covenant Fraud Defamation Wage/hour Discrimination Harassment Retaliation Interference with contractual relations Trade secret/non-competition agreements Workers compensation/OSHA Independent Contract Respondeat superior Privacy Arbitration Attorneys and attorneys’ fees Statutes of limitation And others Here are a few recent employment… Read more »

BEWARE OF CLASSIFYING ALL MANAGERS IN ALL LOCATIONS AS EXEMPT

In Arenas vs. El Torito Restaurants, a California appellate court ruled on the possibility of a class action lawsuit for the misclassification of all managers at the El Torito restaurants as exempt. Although the court gave a lengthy analysis about the appropriateness of the class action case, for our purposes, what’s important was that it… Read more »