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Blogs / Tags / Court Cases

"Off-the-clock" conduct is increasingly resulting in costs to employers. Additionally, off-duty conduct that has long added to cost for employers (such as smoking or other unhealthy conduct) is now being identified and measured. In an att... More...

Assembly-line workers and others who have to make stops in the factory or laboratory for equipment or special clothing for their jobs may be well on the way to getting paid for the time it takes to walk between equipment and work stations. That, at l... More...

Excerpted from Louisiana Employment Law Letter, written by attorneys at the law firm Jones Walker We can't stress how important it is to properly document an employee's performance problems. For instance, have you ever needed to fire someone for p... More...

In recent years, Germany has seen a significant increase in interest concerning out-of-court dispute resolution between companies. The Dispute Analysis & Investigations (DA&I) practice at PricewaterhouseCoopers and the European Univ... More...

A recent Eighth Circuit case emphasizes the deference that the courts will give to an arbitrator´s award. In Electrolux Home Products v. United Automobile Aerospace and Agricultural Implement Workers of America, filed August 5, 2005, the ... More...

In the recent Minnesota Court of Appeals decision of Jenkins v. American Express Financial Corp., filed 9/6/05 (MN Ct. App.), the Court found misconduct for unemployment benefits by the employee's incarceration, and further found the employer had no ... More...

In a recent case, the Eighth Circuit Court, which has jurisdiction in Minnesota, has given some direction as to what is proper notice of a qualifying event under the Family Medical Leave Act. In Wood v. DaimlerChrysler Corporation, the employee... More...

Romantic favoritism by the boss has long been a problematic issue for employers and employees alike, even though the law has rarely found such consensual relationships illegal. However, a recent California Supreme Court ruling greatly expands when an... More...

Excerpted from Louisiana Employment Law Letter, written by attorneys at the law firm Jones Walker The author Saki (H.H. Munro) once wrote, "A little inaccuracy sometimes saves tons of explanations." Some of you may sh... More...

Excerpted from Texas Employment Law Letter, written by attorneys at the law firm Ford & Harrison LLP Remember the poem in which Robert Frost talks about how many "miles to go" before he sleeps? We thought about that poem wh... More...

Excerpted from Louisiana Employment Law Letter, written by attorneys at the law firm Jones Walker While employers are required to keep up with a multitude of laws and regulations, you aren't yet required to be psychic. As the case belo... More...

The Internet and e-mail have vastly improved the lines of communication for business and proved to be a real benefit for employers. We are also beginning to see how these tools can be used to impose liability on employers. The following cas... More...

Excerpted from Vermont Employment Law Letter, written by the law firm Dinse, Knapp & McAndrew, P.C. http://www.HRhero.com/vtemp.shtml?HLe by Amy M. McLaughlin Workplace accidents, discrimination or harassment... More...

Excerpted from Missouri Employment Law Letter, written by attorneys at the law firm Armstrong Teasdale LLP In an attempt to preserve government resources, the Occupational Safety and Health Administration (OSHA) has been taking the conservative ... More...

Excerpted from Florida Employment Law Letter, written by attorneys at the law firm Harper Gerlach PL A recent case settlement in Florida involving the Equal Employment Opportunity Commission (EEOC) shows that it may be a good idea to have some o... More...

Excerpted from Texas Employment Law Letter, written by attorneys at the law firm Ford & Harrison LLP May 27, 2005 On March 22, the Dallas office of the Equal Employment Opportunity Commission (EEOC) sued Irving, Texas-based Razzoo's Cajun... More...

Okay. You have survived a harassment, discrimination, whistleblower---(you fill in the blank) complaint and investigation. The employer responded promptly. A thorough investigation was performed and the conclusion was that... More...

We´re getting a lot of questions about tax advances from our international assignees. Is there an efficient way to communicate tax advance information to our assignees? The key to having assignees understand tax advances is... More...

Most of you know by now that employers need a few good policies on hand to deal with troublesome employee issues. Little things like dress codes, attendance policies, disciplinary procedures, and, oh yes, maybe a statement about anti-discrimina... More...

Across the United States, the pension rights of some 7 million workers taking part in 1,200 benefit plans have been on uncertain legal ground for more than a year, and clarity still may not come for another two years, at least. IBM Corporation, howev... More...

What are the biggest employee-relations errors employers make these days? And how can you defuse these potential time bombs before they explode into costly disputes? Here´s a quick overview of the top five employer mistakes and how to avoid the... More...

In Rootes v. Wal-Mart Associates, Inc., (September 30, 2003), the Minnesota Court of Appeals determined that a combination of wage reduction and significant change in hours to include nights and weekends (whereas prior the position had been Monday th... More...

If discrimination or harassment is so intolerable that an employee is compelled to quit employment, an employee may have a claim for "constructive discharge" in violation of Title VII (Civil Rights Act of 1964). An employer may have a de... More...

It´s a normal Tuesday, when suddenly a huge blast rocks your workplace. You are jolted out of your seat. After an eerie silence you hear screams and commotion. People around you start running. Unthinkably, your facility has been the target of a... More...

Kourosh Hamidi was not a happy man. He had been on workers´ compensation leave from his job at Intel. Intel disputed the basis for his leave, and, after succeeding in that challenge, terminated Hamidi´s employment. Hamidi became upset ... More...

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News

Employer or 'Big Brother'- 'Can I be Fired for What I do on My Own Time?

Workplace Wage-and-Hour Case Marks Roberts' Debut as Chief Justice

Proper Documentation Saves the Day

Commercial Dispute Resolution In Germany

Eighth Circuit Upholds Arbitrator's Reinstatement of Employee Under FMLA

Incarceration Disqualifies From Unemployment Benefits Even With Work Release

Proper Notice Under Family Medical Leave Act (FMLA)

A New Twist on Sexual Favoritism in the Workplace

White Lies - Are they worth it?

FMLA miles - As the crow flies?

Employers required to be psychic?

E-mails Prove to be Manager's Downfall

3 Steps to Better Workplace Investigations

OSHA's tempting offer: Should you settle?

Do your employees understand your policies?

Spicy Practices Lead to EEOC Lawsuit

Costly "Paybacks": Retaliation Claims in an Employment Setting

Answers About Tax Advances for International Assignees

When Good Policies Just Aren't Enough

In the Balance: The Future of Pension Rights

Put The Kibosh On Employee Practices Lawsuits

Employer Changing Working Conditions May Justify Unemployment Benefits For Voluntary Quit

Prompt Remedial Action May Protect Employer From Constructive Discharge Claim

Negligent Failure To Plan: The Next Liability Frontier?

California Supreme Court Sets New Standard For Protecting Corporate E-mail Systems from Unauthorized Communications