Staffing and the Law
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EEOC Settles Seventh Day Adventist Religious Discrimination Suit
Experts say religious discrimination claims in the workplace are expected to be a growing problem for employers.
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Emergency Room Physician is Independent Contractor, Cannot Pursue Bias Claims: Court
Glascock charged that throughout her relationship with the group she was subjected to ongoing sexual harassment by other group physicians, including being called a “princess,” “cutie” and “babe,” as well as disparaging remarks about pregnancy.
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Temp Workers Sue Wal-Mart, Staffing Firms
A group of Illinois workers filed suit against Wal-Mart Stores Inc. and two staffing firms — QPS Employment Group Inc. and Labor Ready - Midwest Inc.
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Trucking Company Settles EEOC Racial Discrimination Lawsuit for $120,000
A defunct trucking company hired 38 white dock workers at its Newton, North Carolina facility in April 2011, purposefully overlooking six equally qualified African-American applicants for the positions on the basis of their race.
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Court Dismisses Discrimination Suit Filed by Christian School Teacher
The federal district court ruling said the court had stayed briefing on St. Peter's motion to dismiss the case pending the Supreme Court's decision.
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Men Get Prison, Must Repay $5 Million for Defrauding Staffing Firms
The incidents occurred from October 2002 to February 2005, according to the indictment in the case.
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SEC Names Insider Trading Suspect in Staffing Firm Deal
Ladislav 'Larry' Schvacho made approximately $511,000 in illicit profits using insider information, the Securities and Exchange Commission reported.
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SHRM Survey: Fewer Employers Conducting Credit, Criminal Checks of Job Applicants
The survey also found that an applicant's negative credit information is not a barrier to hiring, with 80 percent of the respondents saying they hired an individual with a poor credit report.
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Randstad to Pay $60,000 in EEOC Suit
The settlement also requires the international staffing firm to modify its anti-discrimination policy and amend its nationwide employment law compliance training
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Contingent Workers Settle Suit in California
The court was notified of the settlement last month, but the suit was first filed in July 2011. It sought to represent all contingent employees who worked at both PrO and Juniper in California.
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Official Sentenced for Staffing Firm Bribes
Bribe payments were calculated by multiplying the total number of hours worked by temporary employees at a firm by 25 cents.
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Obese Workers' Body Mass Data Aids Treatment
Despite the fact that one in three U.S. adults is obese, claims adjusters often do not ask claimants about their height and weight during the initial intake process of a workers' comp claim, employers and consultants say.
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Health Exchanges Must Notify Employers About Employees Eligible for Subsidies: HHS
Among other things, exchanges will have to provide a notice to employers that identifies by name the employees who have applied for and have been determined by exchange administrators as eligible for premium subsidies.
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New York City Ordered to Pay $128M to Minority Firefighter Applicants
The lawsuit originally was filed in 2007. In July 2009, Judge Garaufis ruled that the New York City Fire Department's reliance on two written exams constituted employment discrimination against minorities in violation of Title VII of the Civil Rights Act of 1964.
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EEOC Approves Strategic Plan Through 2016
The agency 'is taking a significant step toward realizing the commission's vision of ending employment discrimination and promoting equal opportunity' in the workplace, EEOC Chair Jacqueline A. Berrien said in the statement.
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Lactation Discrimination Is not Sex Discrimination: Judge
The Pregnancy Discrimination Act of 1978 amends Title VII of the Civil Rights Act of 1964 to say discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII, according to the EEOC.
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EEOC Actions, Enforcement Trends Focus of Report on Agency
The report noted that the agency identified combating systemic discrimination as a top priority in a 2006 task force report.
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Pregnant Worker Protected by FMLA Despite Timing of Leave Request: Court
Although the woman had previously been considered a 'top employee,' after learning of her pregnancy 'Brookdale began harassing her, causing stress and other complications in her pregnancy.'
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High Court Upholds Religious School 'Ministerial Exception' to ADA Bias Charge
In its decision in Hosanna-Tabor Evangelical Lutheran Church and School vs. Equal Employment Opportunity Commission et al., the nation's highest court said the ministerial exception bars only employment discrimination lawsuits.
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Union Says Staffing Suit Could Cost $10 Million
The lawsuit claims workers were regularly not paid for all hours worked and were not paid required overtime.
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Analysis: Employment Class Actions Continue to Raise Firms' Financial Exposures
As a result of two key rulings, class actions are 'not dead or blocked, rather they're reforming and morphing into different iterations,' says one expert.
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Staffing Executive Convicted for Not Paying $15 Million
money from the firms was used to buy homes and a yacht for Harrison as well as to finance commercial motion pictures including 'National Lampoon's Pucked' and 'Home of the Giants,' the U.S. Attorney's Office reported.
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Help Wanted: Vets, Foreign Workers Sought by U.S. Organizations
A new SHRM survey, ‘Global Competition and Hiring Strategies,' marks the third and final survey in a series by SHRM that explores the ongoing impact of the recession.
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California Supreme Court Nears Ruling on Meal Breaks
While meal-period laws vary nationwide, California is among the states wrestling with how far employers should go in policing meal and rest breaks.
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EEOC Sues Wal-Mart for Disability Discrimination
Despite a 10-year-old settlement involving disability discrimination with the federal Equal Employment Opportunity Commission, the agency has filed another lawsuit charging Wal-Mart Stores Inc.
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Hotel Chain Sues Search Firm for $5 Million
UPDATE: A hospitality industry executive search firm that was sued by a New York hotel operator in a lawsuit seeking $5 million in punitive damages said the allegations in the lawsuit are false.
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Feds Consider Taking Ex-Offenders Out of the Box
The EEOC may ban the question of criminal records on job applications while some states and municipalities already have ‘ban-the-box' legislation in place. One company executive insists the initiative isn't a bleeding-heart issue but a sound business decision.
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Arrest of Mercedes Executive in Alabama Renews Debate Over Immigration Laws
Alabama's immigration law is considered among the toughest in the nation, according to legal experts. Some parts of the code, such as requiring public schools to determine the citizenship status of students and their parents, have been blocked by federal courts.
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New Law Sinks Teeth into Misclassification of Workers
Recently signed California legislation comes just weeks after the Labor Department announced a memorandum of understanding with the IRS that, Labor Secretary Hilda Solis said, would bring the agencies together ‘to end the practice of misclassifying employees.'
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Back-Pay Damages and Reinstatement Denied to Undocumented Workers
Employers should remain diligent in collecting work authorization documentation from employees.
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California-Only Class Refiles Sex Discrimination Suit Against Wal-Mart
The U.S. Supreme Court had ruled against a proposed class of some 1.5 million members nationwide in June. The majority ruled that the 'respondents have not identified a common mode of exercising discretion that pervades the entire company.'
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Former Financial Adviser Says He Was Fired for Running Gun Ad
A onetime Barron's hotshot adviser files a lawsuit against LPL Financial; Robert Ray Bennie Jr. of Lincoln, Nebraska, also is suing local regulators, including the new North American Securities Administrators Association president.
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Jobs Act Would Prohibit Discrimination Based on Unemployment Status
One expert says he sees little chance of the proposal's passage by Congress.
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Adecco Announces Plan to Acquire Drake Beam Morin
The company says the acquisition will expand its geographic reach and give it a leading position in the United Kingdom, Canada and Brazil.
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Longtime Safety Policy Trumps Workers Personal Needs
The Wisconsin Supreme Court said state law does not require employers to change legitimate business policies to assist employees in meeting personal obligations.
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Attendance Policies Come Into Question After FMLA Ruling
Trying to be flexible when working with employees requesting leave under the Family and Medical Leave Act may put employers at risk for unscheduled absences and even lawsuits, especially with intermittent leave situations.
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What ICE's Latest Round of 1,000 Audits Means to a Business
Much is potentially at stake, and employers that did not receive a notice should take advantage of their good fortune and ensure that they are in compliance with U.S. Immigration and Customs Enforcement now.
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Nine Tips for Avoiding Gender Discrimination
The tips include establishing a clear policy and making a concerted effort to hire a diversified workforce.
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How Employers Can Avoid Gender Discrimination Charges
One lawyer says to have an effective policy and to keep it simple. But employers must move beyond merely having a policy, observers say.
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Gender Bias Claims Not Slowing Down
Employer policies help, but rising awareness fuels complaints.
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CIGNA Lawsuit Claims Gender Bias
The lawsuit seeks class-action status, alleging that there is a pattern of gender discrimination at CIGNA Healthcare.
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What Employers Should Know About Hiring Independent Contractors
Employers can protect themselves from legal liability arising out of the hiring of independent contractors by adhering to some guidelines.
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Regarding Disciplinary Action Toward an Employee, Is Honesty the Best Policy?
The legal benefits from making the effort to explain a disciplinary action far outweigh the discomfort that may be involved.
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High Courts Ruling on Wal-Mart Case Could Impact Future of Class-Action Lawsuits
Experts note that the 9th U.S. Circuit Court of Appeals has a particularly high rate among federal appeals courts of having its decisions overturned by the Supreme Court.
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Labor Department Sues Houston-Based Staffing Firm
The lawsuit also seeks to permanently bar the defendants from serving in a fiduciary capacity in any plan governed by the Employee Retirement Income Security Act.
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Your Employee Has Joined a Competitor Now What
The departure of an employee to pursue an opportunity with a direct competitor is not uncommon, but employers can take steps to minimize the risk of harm.
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Worker Can Pursue Pregnancy Bias, ADA Claims for Transfer
After Heather Spees’ doctor said she needed bed rest for the remainder of her pregnancy, she was terminated and told the reason was ‘for being pregnant,’ according to the opinion.
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Cutting the Gordian Knot Requirements for Electronic I-9 Storage
Commentary: Public Law 108-390 amended the Immigration and Nationality Act to allow electronic signature and electronic storage of I-9 forms, but the regulations implementing it have created a web of confusion.
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Agency's Refusal to Refer Muslim for Job
A Muslim employee who was told she couldn't wear her headscarf at work because headwear and loose-fitting clothing on the plant floor were prohibited for safety reasons alleged religious bias.
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Judge Rules FedEx Drivers Are Not Contractors
The May ruling was the first in the complex FedEx Ground litigation over the classification of drivers as independent contractors, according to law firm Leonard Carder.
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Diversity of a Different Color
Initiatives have shifted from their roots in equal opportunity for workers toward a focus on marketing goals and accessing diverse markets. But this new model may not survive stepped-up government enforcement and budget cuts threatening programs with unproven results.
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Racism Persists in 'Inclusive' Cultures
Diversity and inclusion programs have proliferated over the past two decades, but the number of racial harassment charges filed at the EEOC has doubled.
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Internship Programs Face Increased Regulatory Scrutiny
The Department of Labor has issued a fact sheet reminding employers that interns must be paid in accordance with federal law, unless the strict requirements of a six-part federal test are satisfied.
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When Men Are Harassed
While the majority of sexual harassment claims involve male-on-female harassment, allegations of male-on-male harassment—and even female-on-male harassment—are on the rise.
