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Muslim Woman Sues Disney for Preventing Her from Wearing a Headscarf While Hostessing

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.”

EEOC Says Screening Propspective Employees for Criminal Backgrounds May Violate Federal Law

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 [...]

Employee Injured While Dancing In a Night Club After a Firm Dinner Wins $6 Million Judgment

Employer has a firm dinner after which some employees to to a near by night club to drink and dance.  While dancing, a large male employee fell on a small woman, which caused her to sustain permanent injuries.  The employee sued and won a court judgment of $5 million in lost wages [...]

The Regulatory Avalanche From Washington – Changes that Will Affect Employers’ Obligations Under Various Federal Laws

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:

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Bad Day for Bank of America

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 [...]

Woman Says Citibank Fired Her Because She Was Too Hot

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 [...]

Employers Monitor, Employees Push Back

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 [...]

Novartis Hit With $250 Million in Punitives in Gender Bias Case

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.”

Hooters Sued for Weight Discrimination

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 [...]

Hire Your Kids, Get a Tax Break

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 . . . .”

New IRS Form 1099 Rules: Stealth IRS Changes Mean Millions of New Tax Forms

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.”

What Should An Employer Do When It Receives An IRS Notice Of Levy To Garnish Compensation of A Worker?

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.”

When Treating One Worker’s Allergy Sets Off Another’s

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 [...]

Unpaid Interns Are Exploited?

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.”

IP For Your Business: Think Twice Before Shutting Down Social Media

The Record:  A “serious concern is what your employees are saying about your company. Every employee is now potentially an unsupervised spokesperson for your company twenty-four hours per day, 365 days per year. And each of your employee’s unapproved statements is being categorized by search engines and forever identified with your company [...]

Potential Employer Liability for Employee Endorsements Under FTC Guidelines

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.’”

Proposed New Law Will Make it a Crime for Employers to Classify an Employee as an Independent Contractor

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 [...]

A Digestible Overview of Health Care Reform for Employers

Prima Facie Law Blog has a summary of how Obamacare will affect employers called “A Digestible Overview of Health Care Reform for Employers.”

9th Circuit Court Allows Class Action Lawsuit Against Wal-Mart Alleging Gender Discrimination

The United States 9th Circuit Court of Appeals ruled that the plaintiffs in a six-year old class action lawsuit against Wal-Mart alleging gender discrimination may proceed with the lawsuit against America’s largest retailer.

Restaurant Owner, Managers Plead Guilty in Overtime Case

Two Scottsdale restaurants owned by Pinata Nueva, LLC, failed to pay overtime to employees.  The Department of Labor fined the company $38,078 and ordered the company to pay $11,247 to employees.

Almost 700 Former NFL Players Seek Big Bucks from California for Football Injuries

Wow!  The California gravy train is worse than I thought.  Its workers compensation insurance system pays former pro football players big bucks for injuries sustained playing pro football if the player is now a California resident, but was not a resident during the player’s career if the player played one game in [...]

Oops – False Arrest at Wal-Mart Gets 24 Year Old Woman $9 Million

Nitra Gipson, a 24 year old woman, was falsely arrested by Wal-Mart when she tried to cash money orders.  Wal-Mart employees claimed that the money orders were counterfeit.  The prosecutor declined to prosecute because the money orders were valid.  The incident caused a jury to award Ms. Gipson $8.2 million in actual [...]

Unpaid Internships May Be Illegal

New York Times:  “With job openings scarce for young people, the number of unpaid internships has climbed in recent years, leading federal and state regulators to worry that more employers are illegally using such internships for free labor.  Convinced that many unpaid internships violate minimum wage laws, officials in Oregon, California and [...]

Beware the Lure of an Employment Tax “Shelter”

Tax Blawg – on why it is a mistake to call an employee an independent contractor:  “When business is down, it is natural to try to find ways to cut operating expenses.   Hopefully, you will not be misled by the siren song of those who have an instant solution: “converting” your [...]

Stripper Explains Massachusetts Employee vs. Independent Contractor Law

In a very well-written two part series, a Massachusetts stripper writing under the pen name “Pussy Per Se” explains a day in the life of a stripper and how a recent Massachusetts court decision classifying a stripper as an employee rather than an independent contractor has substantially harmed MA strippers ability to [...]

Is Your Exotic Dancer an Employee or Independent Contractor?

The Washington Post has a story about an exotic dancer who is suing the club she worked for, The House, claiming that she was an employee, not an independent contractor.  Her lawsuit is based on the Federal Fair Labor Standards Act of 1938.  Quansa Thompson, whose stage name is “Love,” was able [...]

$2 Million Dollar Consent Decree Against Tire Chain – What Lessons Learned for Employers?

World of Work:  “Earlier this week, a federal judge approved a $2 million consent decree, finally settling an Equal Employment Opportunity Commission (EEOC) suit alleging that the Les Schwab Tire Center violated Title VII by discriminating against women in its 420 stores in California, Idaho, Montana, Nevada, Oregon, Utah, and Washington. Click here to [...]

20 Ways Your Independent Contractor Might Be An Employee

The law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. has an informative article that all employers should read.  It is called “20 Ways Your Independent Contractor Might Be An Employee.”  The IRS is conducting audits to find employers that have improperly characterized employees of independent contractors to avoid paying payroll [...]

IRS Targets Employers Who Treat Employees as Independent Contractors

New York Times:  “Federal and state officials, many facing record budget deficits, are starting to aggressively pursue companies that try to pass off regular employees as independent contractors. . . . Many workplace experts say a growing number of companies have maneuvered to cut costs by wrongly classifying regular employees as independent [...]

Just How Badly Do You Need to Fire that Employee?

Aaron Morris’ Business Law Alert:  “Less than a month ago I wrote on the folly of terminating an employee at an inopportune time, even if your reasons are just and your motives are pure.  Apparently the lawyers at Wal-Mart are not subscribers to the Business Law Alert because they did nothing to [...]

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