miamicriminallawyer.com: “Even a small charge is worth fighting.” That was unfortunately true for the woman featured in this article, who lost her job when her employer, Wells Fargo, discovered a 40 year-old conviction. After five years of awards for employee excellence, she was terminated for a 1972 shoplifting conviction.
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kliv.com: A home depot worker has sued against the major chain store for denying the worker a chair to use as he greeted customers. The lawsuit is taking place in East Palo Alto, California. California has been home to several attorneys who have filed literally hundreds of lawsuits alleging ADA discrimination, according to this article in [...] Arizona Department of Health Services: The Department of Health Services in Arizona is considering adding four new conditions to the approved list for “debilitating” conditions. Apparently the health department has made it through the first phase of deciding whether to add (1) Post Traumatic Stress Disorder; (2) Generalized Anxiety Disorder; (3) Migraines; and [...] cnn.com: In this video, CNN reveals that workplace bullying may be on the rise. 27% of US workers have felt bullied in the workplace. The rise may be due to the belief by workers that there are no other good jobs available to them. Commentators express that in an environment where people feel overwhelming stress [...] cnn.com: A ruling is expected in a race discrimination class-action in Iowa based on an update from cnn.com: The plaintiffs’ attorneys say the discrimination is not necessarily a result of overt racism. They say the discriminatory hiring was often the result of implicit bias – an unconscious preference of the mostly white hiring officials for [...] forbes.com: According to the latest from Forbes, Fox news employee who provided material to the Gawker to expose the “seedy underbelly” (not our choice of words) of Fox news may have more than a civil lawsuit on his hands. According to New York state law, he may have committed a crime. Fox News says he’s [...] azdhs.gov: The Arizona Department of Health Services has revised its rules. It is now accepting applications May 14-25, but applicants are warned not to apply early. The Department expects to take 30 days to review each application. If information is missing, the applicants will be given 20 days to supply that information. The Department expects [...] In a move sure to set off red-alarms for employment attorneys, a Texas hospital has banned obese workers with a body-mass index of 35 or more. The body-mass index analysis has been used for more than 100 years, praised for its simplicity. While it may be an outdated and lenient way of measuring health, this [...] ABA Journal: A federal appeals court is allowing the lockout by the National Football League in a ruling that overturns a preliminary injunction. The St. Louis-based 8th U.S. Circuit Court of Appeals ruled Friday that the injunction could not be granted under the Norris-LaGuardia Act, which restricts the power of courts to [...] Bloomberg: “FedEx Corp. drivers were found by a judge to be independent contractors in a nationwide series of lawsuits claiming the company treats them as employees and owes them full benefits.” Arizona Republic: “Cannon & Wendt must pay back wages in discrimination suit. A federal judge ordered a Phoenix firm to comply with an earlier agreement to pay $20,000 in back wages to a former employee who filed a discrimination lawsuit, federal officials announced on Thursday.” Arizona Republic: “A dismissed Department of Public Safety officer [named Geoff Jacobs sued DPS and] alleges he lost his job after his romance with the daughter of DPS Director Robert Halliday went badly.” Brietbart: “A Muslim woman is suing Disneyland, accusing the company’s California theme park of discrimination for telling her she could not serve customers if she chose to wear a headscarf.” News of what the federal government does never ceases to amaze me. There apparently is no end to the stupidity of unelected government bureaucrats. An Associated Press story reports: “Companies using criminal records . . . to screen out job applicants might run afoul of anti-discrimination laws as the government steps up scrutiny [...] The law firm of Ogletree Deakins has prepared a summary of some of the up-coming changes in federal laws affecting employers. Employers need to learn about the new laws now and take action in advance so they can comply with the new laws when the laws become effective. The summary begins with:
Phoenix Business Journal: “BofA to pay $108M settlement. Bank of America Corp. will pay $108 million to settle Federal Trade Commission allegations that the former Countrywide Financial Corp. collected excessive fees from cash-strapped homeowners.” Kansascity.com: “Lawsuits alleging Bank of America’s failure to pay overtime. Nationwide lawsuits alleging that Bank of America [...] Business Insider: “Debrahlee Lorenzana is filing a lawsuit against Citibank because they fired her, she says, for the strangest reason: she’s too hot. . . . Her bosses told her that ‘as a result of the shape of her figure, such clothes were purportedly ‘too distracting’ for her male colleagues and supervisors to [...] LTN Law Technology News: “Privacy rights still colliding with business interests and obligations. In today’s fast-paced world, both employers and employees have turned to technology to increase efficiency and stay connected. But, as more employers have given internet access to employees and permitted personal use of company-owned equipment and communications networks, they also [...] Law.com: “Novartis Pharmaceuticals Corp. was slammed with $250 million in punitive damages . . . in the largest-ever award in a gender bias case. . . . [Novartis is] liable for discrimination against women employees in pay, promotion and pregnancy policies.” Wall St. Journal: “Hooters was sued today [May 24, 2010] in Michigan for allegedly violating a state law that bars discrimination on the grounds of religion, race, age, sex, height and, yes, weight.” Cassandra Smith sued Hooters after it put her on “weight” probation. See “Hooters hit with lawsuit by ex-employee who says she was [...] Wall St. Journal: “Would you like a tax break for hiring a worker—say, a student, or even your spouse or child? Then Uncle Sam may have a deal for you. In March, Congress passed the Hiring Incentives to Restore Employment—or HIRE—Act . . . .” CNN Money: “The massive expansion of requirements for businesses to file 1099 tax forms that was hidden in the 2,409-page health reform bill took many by surprise when it came to light last month.” Tax Blawg: “Getting a Notice of Levy from the IRS is never fun, especially if you are the taxpayer. However, it can be even more perilous when you receive one with respect to someone you employ that owes the IRS money, seeking to garnish the worker’s compensation.” The New York Times has an interesting story (“It’s a case of King Solomon meets the Americans With Disabilities Act.”) about what happened when an employer hired a disabled woman whose disability (allegoric paprika) adversely affected the health of another employee. The employer laid off the newly hired disabled person who has filed [...] John Stossel: “How the Labor Department’s new rules will interfere with the rights of contract and free association. Do you employ unpaid student interns—college students who work in exchange for on-the-job training? If so, President Obama’s Labor Department says that you’re an exploiter.” SocialNetworkingLawBlog: “an employer could be liable for online communications by its employee if the employee touts a product or service offered by his employer, but fails to make clear he works for the company he’s promoting or ‘endorsing.’” The criminalization of America continues. Congress is considering passing a new federal law that would make it a crime for an employer to misclassify an independent contractor as an employee. Employers could also be fined up to $5,000 for each improperly classified employee. The bill is H.R. 5107, The Employee Misclassification Prevention Act. [...] Prima Facie Law Blog has a summary of how Obamacare will affect employers called “A Digestible Overview of Health Care Reform for Employers.” |
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