Thursday May 9, 2024

Lawsuit accuses DOL of ‘killing an entire industry’

We’ve written plenty about the feds investigating and fining businesses for their employment practices. But rarely do we see lawsuits brought against the DOL by small business owners.   Rhea Lana Riner, the franchisor of Rhea Lana’s, a chain of children’s consignment stores, recently filed a lawsuit against the DOL claiming the agency’s investigations of her were […]

Firm’s odd workplace restriction gets busted by court

No, no, no: There’s no workaround that lets you fire pregnant employees because you only accommodate restrictions from incidents that are “work-related.”  She ‘resigned’ Jennifer Latowski worked as a certified nursing assistant at a nursing home, and had passed four essential functions tests throughout her 18 months on the job. Then she became pregnant. The company requested […]

When ‘explaining’ a worker’s firing comes back to bite you

If you do get questioned by the EEOC about a potential bias charge, here’s a thought: Be very, very clear about why you fired someone. A difficult conversation Zann Kwan had been working for a small family-owned real estate management company for about 18 months when she had a sensitive discussion with her CEO. Kwan said […]

5 hidden pitfalls of non-traditional work arrangements

As technology continues to evolve, non-traditional work arrangements like flex plans and telecommuting are playing a growing role in today’s staffing structures. But these newfangled ways to work can carry some thorny legal issues.   Attorney Laura Maechtlen recently wrote a spot-on analysis of the pitfalls of  flexible work environments on the Seyfarth Shaw Labor […]

7 tell-tale signs of a poisonous workplace

Poison can be a silent killer, undetectable until it’s too late. The same can be said of a poisonous workplace. You may not know there’s a problem until your best workers start dropping like flies — that is, unless you can spot the symptoms.   There are a number of things that can poison the […]

High Court ruling could force NLRB to review 600 cases

It’s starting to look as though the National Labor Relations Board may have to redo more than a year of work — more than 600 decisions it made in 2012.   Earlier this week, the U.S. Supreme Court heard oral arguments in NLRB v. Noel Canning, which challenges President Obama’s right to have made “recess […]

The iCIMS Guide to Sourcing Better Candidates

Are you missing out on top talent because of a negative candidate experience? More than 42% of candidates prefer an online application process through a company’s career portal over all other means of applying for a job – where do your job postings point? Can they easily allow access to your career portal or do […]

The DOL recovered how much money last year?

The Department of Labor (DOL) has weighed in on how it did in 2013.  For the fiscal year ending on Sept. 30, 2013, the DOL obtained $249,954, 412 in back wages for 269,250 workers. According to the DOL, since early 2009, the agency’s wage-and-hour division has closed 145,884 cases nationwide, resulting in more than $1 […]

The crucial steps to make performance reviews easier for everyone

This new case study highlights how employers can make appraisals work for HR, managers and employees.  Periodically, we like to offer success stories from HR pros from across the U.S. This account comes courtesy of Suzanne Benoit, director of HR at Wright-Construction, Inc., in Portland, ME, and Jathan Janove, director of Employee Engagement Solutions and Portland Managing Shareholder […]

Is a ‘no gossip’ policy even legal?

A company sets up a “no gossip” policy to curb workplace rumors — then fires a woman for violating the policy. The National Labor Relations Board then decides to look into the firing to see if it’s legal. Read the dramatized version of this real-life case and see if you can determine the outcome.  The […]