April, 2010

Harassment Policy Without Training Is Ineffective, Federal District Court Holds

An employer cannot avoid liability for a supervisor's harassment of a female employee by pointing to the publication of an anti-harassment policy in its employee handbook, when it never trained anyone regarding the policy, a federal district court in Tennessee has ruled.

Oregon Law Banning Credit History Checks for Employment Purposes

The HR State law library now has the full text of a recent Oregon law prohibiting employers from using a job applicant's or employee's credit history as the basis for making employment decisions, and other updates to the state's employment discrimination law.

U.S. Supreme Court: No Class Arbitration Without Express Agreement

An agreement that is silent on the issue cannot be construed to permit a case to proceed in arbitration as a class action, the U. S. Supreme Court ruled on April 27. The decision in Stolt-Nielsen S.

Pre-tax Salary Reductions Available Now to Cover Adult Children, IRS Says

Employers with cafeteria plans may immediately permit employees to begin making pre-tax salary reduction contributions to provide coverage for children under age 27 under the health care reform law, even if the plan has not yet been amended to cover those individuals, the IRS explained in Notice 2010-38 issued on April 27.

EEOC Revs Up Rulemaking for Remainder of 2010

The Equal Employment Opportunity Commission (EEOC) announced an ambitious schedule for completing final rulemaking in 2010 on a number of federal employment discrimination laws, including the Genetic Information Nondiscrimination Act (GINA) and the Americans With Disabilities Act Amendments Act (ADAAA).

Women May Bring Class Action Against Wal-Mart, Full Ninth Circuit Holds

Former and current female hourly workers and managers at Wal-Mart Stores, Inc. who allegedly were denied equal pay and promotion opportunities that male employees received may seek classwide relief against the retailer, the full Ninth U.

What Does Health Care Reform Mean for COBRA Compliance?

The sweeping health care reform law enacted in March will affect the delivery and administration of group health plans for every employer and employee in the country. So it is fair to ask, "What does this mean from a COBRA coverage perspective?" The answer is— not much.

Negative Employment Verification Costs Former Employer Plenty

Credit Agricole is liable for lost earnings, damage to reputation, and punitive damages suffered by a former employee whose supervisor gave a negative employment reference about him to a prospective employer, violating company policy, a federal district court jury in New York decided.

Restaurant Managers Can't Sue as Class, California Court of Appeal Holds

The job duties of restaurant managers alleging overtime violations under California law vary enough that they must sue individually and not as a class, the California Court of Appeal ruled recently.

Workers' Comp Liability May Include Injuries During Paid Coffee Break, Post-shift Activities

Employers may be held liable under Ohio's workers' compensation law for injuries employees incurred while on paid coffee break and engaging in other post-shift activities, the Ohio appeals court ruled recently.