One of the biggest mistakes that an employer can make is failing to conduct a fair and unbiased investigation when a supervisor is accused of wrongdoing by an employee. In many years of consultations with employers, I have found that companies often rely on Human Resources to provide the unbiased review of supervisor conduct to… Continue Reading »
A new survey released by the Pew Institute shows that for the first time in four decades of polling, the majority of Americans (52%) are in favor of legalizing the use of marijuana. As of the writing of this article, eighteen states have legalized some form of pot as shown in Rolling Stone’s Nifty Pot Map of the… Continue Reading »
Philadelphia customers sued Comcast Corporation arguing Comcast’s complete control over cable service in parts of Philadelphia allowed Comcast to raise prices unfairly. The customers had several different theories as to how they were harmed by Comcast’s monopoly of the cable service business. The United States Supreme Court held the customers were not a proper class… Continue Reading »
Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors). Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program). At some point Nabors fired Mr. Klein. Believing that he was fired… Continue Reading »
Employer CVS’s new policy for its employees using the company health insurance is that they see a physician for a health screening disclosing their weight, height, BMI and other health info or face a $50/monthly penalty ($600/year). Although wellness programs have been around for awhile, this sheds new light on how an employer is using a penalty to… Continue Reading »
An insured homeowner, Gregg Knowles (Knowles), whose house had sustained hail damage, alleged that Travelers Co.’s Standard Fire and Insurance Co. had refused to allow homeowners to hire general contractors to fix the damage. On March 19, 2013, the U.S. Supreme Court ruled on Knowles and other similar claimants case as one of the four pending class… Continue Reading »
Policyholders and insurers usually face an initial jurisdiction fight over a lawsuit filed in state court because insurers find federal jurisdiction more appealing than state court. On February 19, 2013, the federal Western District of Texas found in favor of State Farm and denied sending the Texas Insurance Code and Deceptive Trade Practices lawsuit of two homeowners, Ronald… Continue Reading »
On March 12, 2013, the National Labor Relations Board (NLRB) announced its decision to file a petition for certioriari with the Supreme Court. The NLRB wants the Court to reverse or clarify the decision in “Noel Canning” where the D.C. Circuit held that the recess appointments to the Board by President Obama were invalid. In order for… Continue Reading »
This past Friday on March 8, 2013, all covered employers must post the new Family Medical Leave Act (“FMLA”) posters approved by the Department of Labor (“DOL”) in a place where all employees and job applicants may see it. Maybe an employer does not have employees who qualify for FMLA at one of their companies… Continue Reading »
Now nearing the last week in February 2013, how many of those New Year’s Resolutions which affect the way your business will deal with your employees are now gathering dust? As an employer did you promise to revise your Employee Handbook and Policies to capture all the changes in state and federal laws? Did you… Continue Reading »
