New Blog: Minding the Workplace

We've added a new blog entitled Minding the Workplace to our blogroll.  The blog is authored by David Yamada, a law professor at Suffolk University Law School in Boston and founder of the New Workplace Institute, a research and education center promoting healthy, productive, and socially responsible workplaces.

David says his blog is dedicated to news and commentary about work and employment relations, as well as to discussing and sharing useful books, articles, media programs, and...

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[Source: HR Lawyer's Blog]

Oral Argument in Crawford v. Metropolitan Government of Nashvilled

Yesterday the Supreme Court heard argument in Crawford v. Metropolitan Government of Nashville, in which the issue is whether and to what extent Title VII’s anti-retaliation provision protects employees from being fired for cooperating with an employer’s internal sexual harassment investigation.

Here is a humorous excerpt from the argument of Eric Schnapper, counsel for the employee that in addition to being funny, really gets to the heart of one of the most important issues in the...

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[Source: HR Lawyer's Blog]

President Obama Signs Lilly Ledbetter Equal Pay Law

President Barack Obama signed the Lilly Ledbetter equal-pay bill into law today in front of cheering labor and women leaders.  Standing beside him was the plaintiff in the discrimination lawsuit that eventually led to the passage of the law, Lilly Ledbetter.



 

 

 

 

 

Obama, choosing the Lilly Ledbetter Fair Pay Act as the first bill to sign as president, called it a "wonderful day" and declared that ending pay disparities between men and woman an...

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[Source: HR Lawyer's Blog]

Analysis of Oral Argument Transcript in Crawford Retaliation Case

Workplace Prof Blog as a good initial analysis of the Supreme Court's oral argument in Crawford v. Metropolitan Government of Nashville last week. 

The issue in the case is whether and to what extent Title VII’s anti-retaliation provision protects employees from being fired for cooperating with an employer’s internal sexual harassment investigation.

The appeal arose out of a case between Vicky Crawford and her longtime employer, the Metropolitan Government of Nashville and...

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[Source: HR Lawyer's Blog]

Employers: Be careful about viewing employees' personal text messages.

Employee privacy in the workplace has become an increasing thorny issue over the last 10 to 15 years as the methods by which employees communicate with each other and the outside world have multiplied and become more complex.  It used to be that privacy issues at work had to do with whether an employee had an expectation of privacy in their workplace locker or on their phone conversations.  Now employers have to be concerned about blog postings, chat rooms, email, Twitter, instant...

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[Source: HR Lawyer's Blog]

Obama Reportedly Selects Thomas Saenz for DOJ Civil Rights Division

The Los Angeles Daily Journal is reporting that President Obama has selected Thomas Saenz to head the civil rights division at the Department of Justice.

Saenz, 42, the former vice president of litigation for the Mexican American Legal Defense and Educational Fund in Los Angeles, is currently serving as counsel to Los Angeles Mayor Antonio Villaraigosa.

As yet, this is not confirmed by anyone at DOJ. 

Hat Tip: WSJ Law Blog

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[Source: HR Lawyer's Blog]

Eight Ways to Lose a Noncompete Case

One of my favorite employment law bloggers, Jay Shepherd, over at the Gruntled Employees Blog had a great post this past week on the "Eight Ways to Lose a Noncompete Case."  Here are his 8 most common ways companies usually LOSE noncompete cases: 

Putting too much faith in the belief that the court will enforce the language of the noncompete agreement as written.
Trying to enforce a noncompete against employees who really don't possess any confidential information...

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[Source: HR Lawyer's Blog]

New Regulations Issued for Family & Medical Leave Act

Last week, the Labor Department announced final revisions in the Family and Medical Leave Act, including new rules defining how families of wounded service members will be able to take unpaid leave to care for them. 

Some of the proposed changes include:

Military Caregiver Leave: Implements the requirement to expand FMLA protections for family members caring for a covered service member with a serious injury or illness incurred in the line of duty on active duty. These family...

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[Source: HR Lawyer's Blog]

The Presidential Candidates on HR Issues

As promised, here is additional information regarding what each of the presidential candidates plans to do with regard to workplace and HR issues.  This information is taken directly from the candidates' respective campaign websites without any editing or alteration whatsoever.



John McCain

John McCain is calling for National Commission on Workplace Flexibility and Choice. This Commission would bring together a bi-partisan set of leaders representing workers, small and large employers,...

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[Source: HR Lawyer's Blog]

Some Lawyers Warn that New FMLA Rules May Create More Confusion and Litigation

The Family Medical Leave Act has undergone major changes for the first time in its 15-year history. (We posted previously about the amendments & the Department of Labor's new regulations here.)  Some attorneys fear that these changes may cause a great deal of  confusion and litigation.

This week issued new rules for the amendments, which take effect on Jan. 16.  The new rules were a response to complaints by employers and employees alike.  Employers have long argued...

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[Source: HR Lawyer's Blog]

Transgender Plaintiff Wins Verdict Against Library of Congress

A former Army Special Forces commander passed over for a job as a terrorism analyst at the Library of Congress because he was changing genders won a discrimination lawsuit. Judge James Robinson of Federal District Court ruled that the Library of Congress had engaged in sex discrimination against Diane Schroer of Alexandria, Va., formerly known as David Schroer. The library was initially enthusiastic about the hire, Judge Robinson said in his decision, adding, “The library revoked the...

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[Source: HR Lawyer's Blog]

Wal-Mart to Pay Over Half a Billion Dollars to Settle Overtime and other FLSA Lawsuits

Walmart has agreed to pay up to $640 million to settle 63 wage and hour class action lawsuits that have been pending against the company for several years.  The company, which has been fighting such suits for years, apparently finally decided to simply get the matter behind it.  In its statement, the Company indicated that the lawsuits were regarding facts and circumstances of many years ago and that it does not represent Walmart's current approach to employee compensation issues.

As...

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[Source: HR Lawyer's Blog]

Do Federal Judges Discriminate Against Discrimination Claims?

The Wall Street Journal Blog and Paper has a story this week analyzing whether job discrimination plaintiffs get a raw deal in federal court

The WSJ piece examines that question, citing recent studies that show discrimination plaintiffs lose at a higher rate in federal court than other plaintiffs and more often get tossed out of court on summary judgments.


"From 1979 through 2006, federal plaintiffs won 15% of job-discrimination cases. By comparison, plaintiffs in other cases not...

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[Source: HR Lawyer's Blog]