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| The Supreme Court ruled that
employees are protected from retaliation when they complain about discrimination in the workplace,
adopting a broad interpretation of workers’ rights under two federal civil rights laws. By decisions
of 7 to 2 in one case and 6 to 3 in the other, the court found that the two statutes afford
protection from retaliation even though Congress did not explicitly say so. |
| (Source: The New York Times (free reg. req'd),
2008-05-28) |
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| The U.S. Department of Labor
has proposed rules that it says will modernize the application process and enhance worker
protections under the H-2B temporary labor certification program. The proposed rule would change the
application process so that employers would attest, under threat of fines and other penalties, that
they have complied with all the program's requirements. |
| (Source: HR.BLR.com, 2008-05-27) |
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| President George W. Bush
signed legislation to protect people from losing their jobs or health insurance when genetic testing
reveals they are susceptible to costly diseases. Broadly embraced in Congress, the
anti-discrimination measure aims to ensure that advances in DNA testing won't end up being used
against people. |
| (Source: St. Louis Post-Dispatch,
2008-05-22) |
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| It affects virtually everyone
these days -- employees, consumers, businesses -- but a new study says that arbitration is not the
solution to rampant litigation that it was once called. Especially for workers. |
| (Source: Human Resource Executive Online,
2008-05-28) |
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| Two Democrats in Congress have
introduced a bill to crack down on the practice by some employers of classifying workers improperly
as independent contractors in order to pay them less. "Employers who misclassify their employees as
independent contractors rob workers of needed pay and benefits and cost government at all levels
substantial uncollected revenues," said U.S. Rep. Lynn Woolsey, D-Calif., who chairs the
Subcommittee on Workforce Protections. |
| (Source: Occupational Health & Safety,
2008-05-27) |
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| New disclosure rules have
encouraged many companies looking to avoid bad publicity to cut back on benefits such as personal
use of corporate jets and rich pensions. But not every firm is on board. |
| (Source: Los Angeles Times (free reg. req'd),
2008-05-25) |
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| Outbound e-mail continues to
be a big source of liability for employers, not to mention the legal headaches that message boards
and blogs are causing, according to a new survey of more than 300 U.S. corporations. In its fifth
annual study of outbound e-mail and data loss prevention issues, Proofpoint Inc., an e-mail security
and data loss prevention company, found a number of legal threats that arise from corporate
communications. |
| (Source: law.com, 2008-05-27) |
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| While employers are slashing
benefits to save money, they are using other tactics to try to retain workers, according to a recent
study. In its "2008 National Study of Employers" the Families and Work Institute found that
employees are more likely to stay on the job if employers provide flexibility in the workplace. |
| (Source: Scripps Howard News Service,
2008-05-26) |
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| The EEOC announced the
settlement of a racial harassment lawsuit for $1,650,000 and significant remedial relief against
Conectiv, A.C. Dellovade, Inc, Steel Suppliers Erectors, Inc and Matrix Services Industrial
Contractors (d/b/a Bogan, Inc/Hake Group) on behalf of African-American employees who were subjected
to egregious racial harassment at a construction site in Bethlehem, Pennsylvania. |
| (Source: CCH Business & Corporate Compliance,
2008-05-23) |
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| The popularity of tattoos and
piercings has boomed in the past 10 years, but even those with body art have their limits when it
comes to what's appropriate in the working world. Bias against people with tattoos and piercings in
the office is often assumed, but mostly based on hearsay and anecdotal evidence. |
| (Source: sunjournal.com, 2008-05-25) |
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| Skip Adams |
Lindsay
Ramsey |
This week, the Supreme Court of the United States decided for the first time that a provision of
the Civil Rights Act of 1866, known as Section 1981, covers claims of retaliation that follow
complaints about discrimination on the basis of race. According to the Court, an individual
who believes he or she was retaliated against for having complained of race discrimination
prohibited by Section 1981 may also bring a separate claim of retaliation under the same law.
Read the entire article about retaliation
claims and Section 1981.
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| Jenifer
Brown |
Sarah
Akber |
Christl
Glier |
U.S. Citizens and Permanent Residents Only
The U.S. Customs and Border Protection (CBP) is now accepting applications for a new pilot
program designed to expedite the entry and processing of low-risk, frequent international air
travelers into the U.S., through the use of an alternative Passport Control process. The
Global Entry program allows pre-approved, pre-screened U.S. citizen and permanent resident
participants to bypass the regular passport control lines and proceed directly to a Global Entry
automated kiosk to report their arrival and provide customs declarations upon return from
international travel.
Read the entire article about the Global
Entry program.
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Pink Slip Fever
Will the economic downturn cause an upturn in your worker's compensation claims?
Historically, there has been an increase in claims during recessions. Try to get your current
claimants back to work before layoffs. Do extra investigation on any claims filed after an
employee is laid off.
Please contact Kathleen Shortridge or Ann
Stewart if you have any worker's comp questions.
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