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Ross' Employment Law Blog 
By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo.Com - First in Employment Law.
Post Frequency: 4.8/day Last Entry: March 29, 2011 at 20:01:45 Recent Entries: 439
Go to Ross' Employment Law Blog, find other Labor & Employment Law blogs, or browse all law blogs.
E-Verify accuracy statistics
Posted on March 05, 2010A report by Westat says that 54% of undocumented workers with cases submitted through the federal government?s E-Verify system receive an inaccurate finding of being work authorized, probably because of the use of false identities. Overall, 96% of the time E-Verify accurately judges workers' status...
$40,000 settles USERRA suit
Posted on March 05, 2010DOJ and Goodyear Tire & Rubber Co have settled DOJ's claim that the company failed to promptly reemploy an Army Reserve major following his military service. DOJ claimed that the company took no steps to identify the position the employee would have received had he not been activated, and it failed to reemploy him for nearly a year...
SCOTUS case on Federal Employees Health Benefits Act preemption is settled
Posted on February 24, 2010The US Supreme Court today dismissed Health Care Svc Corp v. Pollitt because it has been settled by the parties. Oral argument had been scheduled for March 3. The 7th Circuit held: (1) the Federal Employees Health Benefits Act does not "completely preempt" state law (which would have made the case removable and subject to dismissal), and (2) assuming Health Care Services Corp was acting on Department of Labor orders, the federal officer removal statute allows removal but the case must be dismissed because the named defendant is the insurance carrier rather than the Office of Personnel Management or the employing federal agency...
US Supreme Court: Corporation's "principal place of business" is its "nerve center"
Posted on February 23, 2010The US Supreme Court today resolved the issue of determining a corporation's "principal place of business" for purposes of diversity jurisdiction under 28 USC Section 1332(c)(1). We conclude that "principal place of business" is best read as referring to the place where a corporation?s officers direct, control, and coordinate the corporation?s activities...
NLRB Chair's speech
Posted on February 22, 2010NLRB Chairman Wilma B. Liebman has published her speech on The Revival of American Labor Law given last week at Washington University Law School. [Speech]
$5 million EEOC consent decree: Employer complies
Posted on February 22, 2010A federal district court has lifted a consent decree, finding that Woodward Governor Co has complied. The decree resulted in $5 million being distributed to minority and female employees. The decree also required that Woodward use a psychologist to analyze jobs, develop written job descriptions, a performance appraisal, and compensation review process...
$1,456,422 back wages sought by DOL
Posted on February 22, 2010Department of Labor is seeking $1,456,422 in back wages allegedly due to 163 workers employed by Peri Software Solutions. DOL claims that the company failed to pay the required prevailing wage to workers hired as computer analysts under the H-1B visa program...
DOJ settles national origin discrimination suit
Posted on February 22, 2010The Justice Department has announced a settlement agreement with Sunlight Inc, to resolving allegations of a pattern or practice of discrimination in recruitment and hiring on the basis of national origin. The agreement was reached under the anti-discrimination provision of the Immigration and Nationality Act, which prohibits workplace discrimination on the basis of citizenship status and national origin...
EEOC: RFOA regs
Posted on February 22, 2010EEOC published a Notice of Proposed Rulemaking on Thursday addressing the meaning of ?reasonable factors other than age? (RFOA) under the Age Discrimination in Employment Act. The proposed rule explains that the RFOA defense applies only if the challenged practice is not based on age, and that a neutral practice that disproportionately affects older workers can be justified only by showing that the practice is objectively reasonable when viewed from the perspective of a reasonable employer under like circumstances...
$400,000 race discrimination settlement
Posted on February 22, 2010EEOC and Big Lots have settled a race discrimination suit for $400,000. EEOC claimed that the company subjected a black maintenance mechanic and other black employees to race harassment and discrimination. The $400,000 will be paid to at least five employees along with a group of unidentified class members...
$46,000 religious (Rastafarian) discrimination settlement
Posted on February 22, 2010EEOC and UPS Freight have settled a religious discrimination suit for $46,000. EEOC claimed that the company refused to accommodate the Rastafarian religious beliefs of a new hire, and instead fired him. The company told the employee he would need to cut his hair and shave his beard to comply with the company?s grooming policy, but the employee said that his religious beliefs prohibit him from cutting his hair or shaving his beard...
EEOC v. Timken Company charging disability discrimination
Posted on February 17, 2010EEOC has sued The Timken Company, claiming that it refused to hire an employee for a full-time position as a process technician because of her gender and because she is the mother of a disabled child. Interesting because EEOC is claiming discrimination because the employee associated with a disabled person...
EEOC suit: Religious discrimination
Posted on February 17, 2010EEOC is suing a construction company, claiming it discharged Seventh-Day Adventist employees when they refused to work on their Sabbath, Saturday. EEOC seeks back pay, compensatory damages and punitive damages. Press release 02/11/2010: EEOC Sues T...
$24,000 disability suit settlement
Posted on February 17, 2010EEOC claimed that a financial holding company denied a hearing impaired employee a transfer to a vacant position for which she was qualified. The company agreed to pay $24,000 and to provide anti-discrimination training to its staff. EEOC Press release 02/10/2010: Branch Banking And Trust To Pay Damages To Settle EEOC Disability Discrimination Suit Hearing-Impaired Worker Denied Accommodation, Federal Agency Charged WILSON, N...
$30,000 disability suit settlement
Posted on February 17, 2010EEOC claimed that a power company fired a new payroll/accounts technician within hours of her first day at work, after her supervisor discovered that her left arm was paralyzed. The company agreed to pay $30,000. EEOC Press release 02/10/2010: Akeena Solar Settles Disability Discrimination Suit EEOC Obtains $30,000 for Woman With Paralyzed Arm Fired Within Hours of Starting Work SAN JOSE, Calif...
$4,560,285.11 attorney fee against EEOC
Posted on February 13, 2010A federal district court has ordered EEOC to pay $4,560,285.11 in attorney fees and expenses to CRST Van Expedited, Inc. EEOC sued CRST on behalf of about 270 women, claiming a pattern or practice of sex discrimination. The court dismissed EEOC's complaint in April 2009, in part because ?the EEOC did not conduct any investigation of the specific allegations of the allegedly aggrieved persons for whom it seeks relief at trial before filing the Complaint - let alone issue a reasonable cause determination as to those allegations or conciliate them...
$1 million overtime back wages
Posted on February 13, 2010DOL filed a consent judgment against Fluor Enterprises Inc and obtained a default judgment against its subcontractor. DOL claimed a failure to pay overtime as required by the FLSA, in the wake of Hurricane Katrina. A settlement agreement will provide for payment of $1 million for 154 hurricane workers...
Becker: Filibuster blocks vote
Posted on February 13, 2010The Senate voted 52-33 on a cloture motion on February 9, short of the 60 needed to end debate. Therefore, no action was taken on the re-nomination of Craig Becker to be a Member of the National Labor Relations Board. As a practical matter, this ends the process in the Senate...
Becker vote moved to Tuesday
Posted on February 08, 2010After the President re-nominated Craig Becker to be a Member of the National Labor Relations Board, the Senate HELP Committee voted 13-10 along party lines to approve his appointment. A cloture vote was scheduled for Monday. But Monday is a snow day in Washington DC, so look for the vote to happen on Tuesday, 5:00 p...
Becker vote Monday
Posted on February 07, 2010After the President re-nominated Craig Becker to be a Member of the National Labor Relations Board, the Senate HELP Committee voted 13-10 along party lines to approve his appointment. A cloture vote is scheduled for Monday. The Republicans now have enough votes to block a cloture vote.
Smith confirmed as DOL Solicitor
Posted on February 07, 2010The Senate voted 60 to 37 on Thursday to confirm M. Patricia Smith, formerly New York State labor commissioner, to be Solicitor of the US Department of Labor.
$6,200,000 paid in Sears ADA suit
Posted on February 07, 2010EEOC had alleged that Sears maintained an inflexible workers? compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. The case resulted in the largest ADA settlement in a single lawsuit in EEOC history: $6,200,000...
$500,000 settles national origin and sex discrimination suits
Posted on February 07, 2010EEOC claimed that a hotel refused to hire non-Chinese banquet servers because of their national origin. EEOC also claimed that the hotel subjected female employees to a sexually hostile work environment. The two suits have been settled for $500,000 and a three-year consent decree...
$5,760 settles USERRA suit
Posted on February 07, 2010Department of Justice claimed that a company denied a promotion to one of its employees because he was engaged in military service. A settlement will provide the employee with $5,760 in backpay and interest. DOJ Press release 02/04/2010: Justice Department Settles Lawsuit Against MasTec Advanced Technologies to Enforce the Employment Rights of Army Reserve Member WASHINGTON ? The Justice Department announced today that it has reached a settlement in its lawsuit against MasTec Advanced Technologies on behalf of Eugene C...
SEIU loses big Kaiser units
Posted on February 07, 2010Health care professionals at Kaiser Permanente facilities throughout Southern California voted to leave the Service Employees International Union (SEIU) and join a new rival, the National Union of Healthcare Workers (NUHW). Let's just say the votes were not close...
OFCCP ALJ finds race discrimination by Bank of America
Posted on February 07, 2010An OFCCP ALJ has issued a recommended ruling that Bank of America discriminated against African-American job applicants for entry level positions in Charlotte, NC, in 1993 and from 2002 to 2005. Next: A hearing to determine what remedies should be provided by the bank...
$175,000 age discrimination settlement
Posted on February 07, 2010EEOC sued Astea International, claiming it discharged a 47 year old vice president and replaced him with someone 15 years younger. The parties entered a consent decree proving for payment of $175,000 and other relief. EEOC Press release 02/02/2010: Astea International Will Pay $175,000 to Settle EEOC Age Discrimination Lawsuit Global Software Company Fired 47-Year-Old VP Because of Age, Federal Agency Said PHILADELPHIA ? The U...
$62,500 disability discrimination settlement
Posted on February 07, 2010EEOC claimed that a funeral chapel refused to allow an amputee who had successfully worked for the company for a year and nine months to continue working as a secretary once she required the use of a wheelchair. The suit settled for $62,500 and other relief...
$40,000 age discrimination settlement
Posted on February 07, 2010A clothing store company will pay $40,050 to settle an age discrimination suit brought by the EEOC. EEOC claimed that the company subjected a co-manager to discriminatory terms and conditions of employment, including disparate discipline, and, ultimately, terminated her because of her age...
Rehire and back pay settles sex discrimination case
Posted on February 07, 2010EEOC claimed that a hotel company fired a banquet manager because of his sex and because he complained that a female co-worker was not disciplined for the same purported infraction. The company agreed to pay compensation to the employee for losses he sustained, and to rehire him at one of its hotel properties...
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
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