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| A class-action lawsuit
accusing Brinker International Inc. of cutting into the tips of some 3,500 servers at its Chili's
Grill & Bar concept has been given a green light to proceed to trial. In his 56-page memorandum and
order, Judge Keith P. Ellison rebuffed Brinker's assertion that sharing servers' tips with
expeditors or quality assurance managers is a common practice within casual-dining chains. |
| (Source: Nation's Restaurant News,
2008-07-14) |
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| The American political
landscape has changed with an African-American being a serious contender for president, but in the
workplace, biases may become stronger as the struggling economy puts more stress on employees, one
diversity expert says. At the same time, the ailing economy and continuing layoffs mean employers
and employees are feeling more stress, and that can lead to more problems. |
| (Source: Courier Post, 2008-07-14) |
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| Can an employer require
workers to speak only in English? Sometimes, says the government -- as long as there's a
work-related reason, such as communicating with clients or maintaining safety. The latest bill in
the House would permit employers "to require employees to speak English while engaged in work." |
| (Source: Virginian-Pilot,
2008-07-10) |
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| A key House leader on
immigration policy intends to push into next year a contentious debate regarding employment
verification. With the law establishing a government-run electronic system set to expire in
November, Rep. Zoe Lofgren, D-California and chairwoman of the House Judiciary subcommittee on
immigration, says there is too little time left on the legislative calendar to decide whether to
expand, overhaul or end the mechanism known as E-Verify. |
| (Source: Workforce Management,
2008-07-10) |
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| Participants who had been
cashed out of 401(k) plans still could pursue their claims that the plan sponsors had breached their
fiduciary duties under ERISA by imprudently investing in mutual funds, a federal appeals court
ruled. |
| (Source: CCH Business & Corporate Compliance,
2008-07-10) |
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| The Government Accountability
Office sharply criticizes the Wage and Hour Division of the Labor Department in two reports, saying
it mishandled many overtime and minimum-wage complaints and delayed investigating hundreds of cases
for a year or more. The GAO also criticizes the division for greatly reducing the number of
enforcement actions it takes each year and for not focusing on the low-wage industries where, one
report said, it is most likely to find violations. |
| (Source: The New York Times (free reg. req'd),
2008-07-15) |
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| Convincing a valued worker to
put off retirement may require making them feel needed, letting them work part-time, a bump in pay
or a combination of all of the above. A survey found those were some of the incentives retirees said
might have persuaded them to keep working. |
| (Source: CNNMoney.com, 2008-07-10) |
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| A federal judge has awarded
almost $1 million in back wages to two Indonesian housekeepers who were virtually enslaved by a
wealthy Long Island couple. The judge, Arthur D. Spatt of the Eastern District Court, said that the
maids were entitled to double their unpaid wages because they were abused while working around the
clock for the couple, Varsha and Mahender Sabhnani. |
| (Source: The New York Times (free reg. req'd),
2008-07-12) |
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| June employment for teenagers
drops nearly 40 percent below 2007 levels as companies cut extra positions. Summer hiring for teens
is at the lowest pace in 50 years. |
| (Source: CNNMoney.com, 2008-07-10) |
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| Michael
Dalrymple |
Most employers have some sort of confidentiality policy in place, whether it's in an employment
contract, an employee handbook or a stand-alone policy. Obviously, confidentiality of company
information is of utmost importance in protecting your business, but an overly-broad confidentiality
policy may restrict certain rights afforded to employees under Section 7 of the National Labor
Relations Act (NLRA) and expose an employer to litigation and damages. The danger is equally
present for both unionized and non-union companies.
Read the entire article on confidentiality agreements.
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Undocumented Workers?
There have been a series of cases from around the country quoting that undocumented workers who
have injuries are entitled to worker's compensation payments. There have also been unreported
cases in Indiana to the same effect, but so far none of these cases have been appealed from the
Worker's Compensation Board.
Please contact Kathleen Shortridge or Ann
Stewart if you have questions on this topic or any other worker's comp issue.
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