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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.
COBRA premium reduction fact sheet
Posted on December 30, 2009Department of Labor has a nice fact sheet explaining recent statutory changes. The 2010 Department of Defense Appropriations Act extended the COBRA premium reduction eligibility period for two months until February 28, 2010 and increased the maximum period for receiving the subsidy for an additional six months (from nine to 15 months)...
Employer's brief in New Process Steel
Posted on December 30, 2009New Process Steel v. NLRB, pending at the US Supreme Court, raises the issue of whether the two-Member NLRB has authority to decide cases. The employer has filed its brief on the merits, and the NLRB's brief is due Feb. 2. Oral argument has not been scheduled...
$50,000,000 suit claims sex discrimination by law firm
Posted on December 28, 2009Last week Julie Kamps, a former associate at the Fried Frank law firm, filed a suit claiming the firm denied her a promotion to partner because she is a lesbian and did nothing to stop higher-ups from harassing her. She seeks $50 million in damages plus reinstatement as a partner...
$130,000 settles religious discrimination suit
Posted on December 28, 2009EEOC alleged that Mesaba Airlines terminated a Jewish customer service agent because she refused to work on the Jewish Sabbath. EEOC also claimed Mesaba?s policy against shift swapping for probationary employees led hiring managers to reject job applicants when they expressed a need to attend religious services, such as Christian church services on Sunday mornings...
$60,000 settles disability and race discrimination suit
Posted on December 28, 2009EEOC claimed an employer discriminated against a black employee when it sent her for a drug screen when she experienced symptoms of diabetes at work, then discharged her after she passed the test. EEOC claimed the decision to require the drug screen was based on the fact she is African American, and the discharge was because of her disability (insulin-dependent diabetes) and her race...
EEOC claims sexual harassment at restaurant
Posted on December 28, 2009EEOC sued a Jack in the Box franchisee December 22, claiming it allowed a manager to sexually harass female employees under his supervision. EEOC claims the harassment included frequent remarks about female employees? anatomy and unwelcome sexual advances and innuendos...
Becker's NLRB nomination flounders
Posted on December 28, 2009Craig Becker's nomination to be a Member of the National Labor Relations Board is in serious trouble, and it may not be too early to declare that his nomination is dead. The Board now has two Members. The President has nominated three individuals, in an attempt to get the Board back to its full strength of five Members...
Mandatory arbitration is out for major defense contractors
Posted on December 24, 2009Section 8116 of the Defense Appropriations Act signed by the President on December 21 requires major defense contractors and subcontractors to agree not to enter into or enforce agreements with employees or subcontractors that require arbitration of: "any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention...
FMLA amended to aid airline crews
Posted on December 24, 2009The Airline Flight Crew Technical Corrections Act was signed by the President on December 31. The Act changes the way hours are calculated for flight crews and flight attendants, making it easier to qualify for FMLA leave. [S. 1422 text]
EEOC federal sector proposed regs
Posted on December 24, 2009EEOC on Monday published proposed regulations dealing with complaint processing for federal sector employees. The regulations are intended to implement the recommendations of the EEOC's Federal Sector Workgroup. [Full text] [CCH Summary]
$6.5 million settles living wage suit
Posted on December 21, 2009Cintas Uniform Co has agreed to pay $6,500,000 to settle a claim that it failed to pay a living wage while under a contract with Los Angeles County, as required by the Los Angeles County Living Wage Ordinance. $3,300,000 represents back wages and interest...
$43,000 settles religious discrimination suit
Posted on December 21, 2009EEOC claimed that that Ivy Hall Assisted Living, LLC discriminated against a female housekeeper by firing her rather than accommodating her religious belief that she wear a Muslim head scarf (hijab) outside her home. The suit settled for $43,000 plus nonmonetary relief...
$1 billion in overtime claims
Posted on December 18, 2009$1 billion in overtime claims Two class actions against AT&T claim that about 5,000 workers have been deprived of overtime pay to the tune of a billion dollars. The claims allege that exempting first-level managers from overtime pay was a violation of federal labor laws and California state laws...
$4,500,000 distributed in age discrimination case
Posted on December 18, 2009A federal district court has approved distribution of $4,500,000 to 90 claimants in a disparate impact case brought by EEOC against Allstate Insurance Co. EEOC claimed that a one-year hiring moratorium during a reorganization had a disproportionate impact on employees over the age of 40...
$75,000 settles age case
Posted on December 18, 2009EEOC and City of North Richland Hills, Texas, agreed on a $75,000 settlement on EEOC's claim that the city subjected a former employee to age-based harassment which resulted in his constructive discharge. EEOC claimed the employee was ridiculed with age-based taunts that he was too old to keep up, made too much money, and was too old to do his job...
$65,000 settles disability claim
Posted on December 18, 2009A loan company will pay $65,000 to settle a disability discrimination suit filed by the EEOC. EEOC charged that the company refused to allow an employee to return to work unless she submitted to a medical exam that would detect viruses. The company insisted that she take the exam after it became aware that her husband had a medical condition related to Hepatitis C...
Gender identity discrimination banned in New York state agencies
Posted on December 18, 2009The Governor of New York has issued an executive order prohibiting New York state agencies from discriminating against any individual on the basis of gender identity and expression in any matter pertaining to employment by the state. [CCH article]
2,700 voters in NLRB election
Posted on December 18, 2009UFCW seeks to represent 2,700 workers at the National Beef Processing Company in Dodge City, Kansas. An NLRB election is scheduled for January. This number of eligible voters is 100 times the NLRB's median for a representation election. Posted notices will be in five languages...
Walsh is FLRA Deputy General Counsel
Posted on December 18, 2009The Federal Labor Relations Authority (FLRA) has appointed former NLRB Member Dennis P. Walsh to be Deputy General Counsel. [Press release]
SCOTUS asks SG's views in retaliation case
Posted on December 16, 2009Thompson v. North American Stainless Eric Thompson claimed he was fired because his fiancée filed an EEOC charge. In a 10 to 6 decision, the 6th Circuit held that Title VII does not create a cause of action for third-party retaliation for persons who did not themselves engage in protected activity...
Supreme Court Review of Quon May Provide Important Guidance for Private Employers
Posted on December 16, 2009Monday the US Supreme Court granted certiorari in City of Ontario v. Quon, on the issue of whether police officers have a reasonable expectation of privacy in text messages transmitted over employer-issued pagers. Writing in Littler Mendelson's "Workplace Privacy Counsel" blog, Philip L...
$1,260,000 settles harassment claims
Posted on December 16, 2009$1,260,000 settles a claim that national restaurant chain Bahama Breeze managers committed numerous and persistent acts of racial harassment against 37 black employees, including frequently addressing black staff with slurs such as ?n?.r,? ?Aunt Jemima,? ?homeboy,? ?stupid n?...
$8.9 million settles three EEOC suits
Posted on December 16, 2009Albertsons, LLC, a national grocery chain, will pay $8.9 million to settle three employment discrimination lawsuits filed by the EEOC. The suits involved claims of retaliation and race, color and national origin discrimination and harassment. [Press release]
$1,715,815 citation for not paying prevailing fringe benefits
Posted on December 16, 2009Department of Labor has cited an employer $1,715,815 for underpaying 483 employees' health and welfare fringe benefits, claiming a violation of the fringe benefits provisions of the McNamara-O'Hara Service Contract Act (SCA). [Press release]
$78.5 million qui tam settlement
Posted on December 16, 2009Two former employees of the University of Phoenix claimed that the university defrauded the federal government by paying counselors incentive payments for enrolling students. They sued in a qui tam action under the False Claim Act, and now have settled the case for $78...
$980,121 recovered for unpaid wages
Posted on December 16, 2009Department of Labor has recovered $980,121 on behalf of employees of a company that provided security guards to six government agencies. The company began missing payrolls in August 2009, in violation of the McNamara-O'Hara Service Contract Act (SCA) and the Contractor Work Hours Safety Standards Act (CWHSSA)...
Text message privacy at the Supreme Court
Posted on December 14, 2009The US Supreme Court has agreed to decide whether there is a reasonable expectation of privacy in text messages transmitted on a police SWAT pager. City of Ontario v. Quon - Certiorari granted December 14, 2009. [Details, briefs] The City provided alphanumeric pagers to police officers on the SWAT team...
Supreme Court cases to watch
Posted on December 14, 2009We are watching these cases at the US Supreme Court: Privacy: City of Ontario v. Quon. Is there a reasonable expectation of privacy in text messages transmitted on police SWAT pager? Argument: Unscheduled. [Details] Title VII statute of limitations: Lewis v City of Chicago...
EEOC claims racially hostile workplace
Posted on December 14, 2009EEOC sued a freight hauling company Thursday claiming black employees were subjected to hangman?s nooses, racist graffiti, racist comments, and unequal treatment in discipline and work assignments. [Press release]
$500,000 harassment settlement
Posted on December 14, 2009EEOC settlement $500,000 settles an EEOC claim that two car dealerships knew about and tolerated a work environment permeated by sexual and racial harassment. An EEOC attorney described the incidents as "shocking." The EEOC claimed the dealerships failed to take corrective action and instead retaliated against employees who challenged the discriminatory conduct...
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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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