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Employment Law

This noncompete agreement might be OK: Here’s why

Idaho’s highest court negated a lower court ruling that said a doctor’s noncompete agreement could not be enforced. The case was sent back to the lower court for further proceedings. Dr. Donald Blaskiewicz, who is a highly trained neurosurgeon, was…

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documentation

Is that physical ability test legit? Keys to getting it right

A federal appeals court has revived claims of sex and age discrimination filed by a psychiatrist who lost her job because she could not pass a physical ability test. The plaintiff in the case is Jane DiCocco, who was 67…

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Physical Ability Tests Present Dangers

#MeToo turns 5: What modern sexual harassment training looks like today

As #MeToo turns five, it's clear that the movement has generated an increased awareness about sexual harassment and assault. And as countless numbers of people shared their stories, one thing became all-too-clear: a lot of that harassment happened at work.…

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Sexual Harassment Prevention Keys To Effective EmployeeT raining

FedEx gets hit with $366 million verdict in race retaliation suit

A Texas jury has returned a verdict of more than $366 million to a former FedEx employee who said the package delivery giant engaged in retaliation because she complained about alleged racial discrimination. The award, which may be negated or…

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Jury Finds For Ex-Employee

Heads up: The feds are watching you watching your employees

How closely are you watching your employees? If it’s too closely, the feds may be watching you – and may soon be taking more aggressive action to stop it. The National Labor Relations Board (NLRB) just issued a memo announcing…

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Tech Tools Pose Dangers

HR’s new role in identifying manufactured conflict

Manufactured conflict – a new form of workplace bullying – within organizations is on the rise, scorching your culture and best performers in its path. The Healthy Workplace Bill (HWB) proposed legislation could significantly increase the risk to your organization,…

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Signs Of Manufactured Conflict

Labor law poster gets replaced: What you need to know

The federal Equal Employment Opportunity Commission (EEOC) has released a new notice-of-rights labor law poster for employers to display at their worksites. Under Title VII and other federal laws, covered employers must conspicuously post notices for employees that inform them…

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Federal agency updates poster

2 workers fired for hosting Christmas party: Was it religious discrimination?

Another holiday season is right around the corner, which means this employer-friendly ruling from the Sixth Circuit provides timely guidance -- just in time for Christmas, Hanukkah and other religious celebrations. The court upheld the terminations of two employees who…

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Did Company's Response To Christmas Party Go Too Far?

Alcohol and cocaine use – and he still gets workers’ comp?

In what has to be a frustrating decision for all employers, Alaska’s highest court ruled that a carpenter who admitted to using both alcohol and cocaine before getting hurt on the job was nonetheless entitled to workers’ comp benefits. The…

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State High Court Awards Benefits

How NOT to respond to sexual harassment complaints: $700K mistake

Lowe’s, a nationwide hardware and home improvement company, has agreed to pay $700,000 to resolve a sexual harassment complaint brought by the Equal Employment Opportunity Commission (EEOC) on behalf of three female employees. According to the EEOC’s complaint, Lowe’s “allowed…

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$46.5 million question: Employee or independent contractor?

The grocery delivery company Instacart has agreed to pay $46.5 million to settle a lawsuit that accused it of wrongfully classifying employees as independent contractors. San Diego City Attorney Mara Elliott sued Instacart in September of 2019, just three days…

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Are Big Changes Coming ForT he Gig Economy?

Child labor violations? Court orders company to comply with DOL investigation

 A New York federal court granted a temporary injunction that ordered a company to stop using “oppressive child labor” and to comply with a Department of Labor (DOL) investigation. According to the DOL, a restaurant violated the child labor provisions…

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Age bias: Suit accuses big employer of weeding out older workers

A newly filed lawsuit accuses pharmaceutical behemoth Lilly USA, LLC, of violating federal law banning age bias by making a conscious effort to reduce the number of older people it employed as pharmaceutical sales representatives. The suit’s allegations raise important…

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Age-Based Decisions Subject To Scrutiny

Costly mistake – court orders bakeries to pay nearly $1M in back wages, plus penalties

A Connecticut federal court has ordered three bakeries to pay nearly $1 million in back wages and damages to 74 employees to resolve violations of the Fair Labor Standards Act (FLSA). The suit was prompted by an investigation by the…

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74 Employees Awarded Back Wages Damages

ADA and mental health rights: 3 new lawsuits sound warning

Three newly filed lawsuits highlight the critical importance to HR pros of understanding how the Americans with Disabilities Act (ADA) applies to applicants and employees with mental disabilities. In a span of just five days, the Equal Employment Opportunity Commission,…

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Central Park dog walker fired after ugly viral video: Was it discrimination?

Does the name Amy Cooper ring a bell? You may remember her better as the “Central Park Karen” who was fired after she called the police because a Black man asked her to obey park rules and keep her dog…

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Company Fired Her After International Outrage
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