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Should Courts Control Lawyers

Details: A Florida paralegal working for a law firm resigned, and then hired her own lawyer to launch a wage-and-hour suit against her former employer. She maintained she’d often or always worked more than 40 hours a week but hadn’t been paid time-and-a-half for her overtime.

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Retirees' Stock Losses Attract Lawyers

Details: increasing number of trial lawyers are finding a niche in mining the discontent of retired investors, according to the Associated Press. While big law firms are getting attention by filing class-action lawsuits against companies and brokerage houses, other lawyers are casting their nets for individual retiree-clients in states like Florida, where 18 percent of the population …

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Judge Criticizes Employee and Lawyer for Bringing Bias Case

Details: Judge Criticizes Employee and Lawyer for Bringing Bias Case - Compensation News on Termination (with Discharge)

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ADA Discrimination Lawsuits to Rise Dramatically, Lawyer

Details: ADA Discrimination Lawsuits to Rise Dramatically, Lawyer Predicts By Bob Brady, BLR Founder and CEO "You are going to see a proliferation of lawsuits as a result of the 2008 amendments to the Americans with Disabilities Act," predicts Steven J. Pearlman, an attorney with Seyfarth Shaw LLP, a Chicago, IL law firm specializing in employment law.

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ADA Discrimination Lawsuits to Rise Dramatically, Lawyer

Details: ADA Discrimination Lawsuits to Rise Dramatically, Lawyer Predicts - Compensation News on Disability Insurance

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Compensation 101: Benefits – Guidance on Compensation

Details: Employers should also consult a good real estate lawyer before developing and implementing a policy of this kind. Turnover after relocation. In order to guard against employer loss of relocation payments due to employee termination within a few months of relocation, employers might require employees to repay some of the relocating expenses if

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Sunbeam's Dunlap Hid Dismissals

Details: Dunlap, through his lawyer, Frank Rizzano, declined to comment on whether he had misled employers about his employment history. The first fraud accusations, which Dunlap denied when they were made, were never proved, and Rizzano described them as "old and stale" and of no interest now. Jerry Levin, who succeeded Dunlap at Sunbeam, disagreed.

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Morgan Stanley Settles Landmark Discrimination Case for $54M

Details: While the settlement applies only to Morgan Stanley, EEOC lawyer Elizabeth Grossman said the agency hopes it "sends a message to other firms on Wall Street to take claims seriously," the Long Island-based newspaper Newsday reports. Critics have long complained that sexual discrimination pervades Wall Street culture, according to Newsday, which

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PEOs' Benefits Subject of Class-Action Suits

Details: The Tribune reports that Hills' PEO, the American Employment Group, referred questions on the lawsuit to its lawyer, who did not return phone calls. The other two suits filed in recent months include one against the PEO Employee Leasing and Management Inc., where $365,000 is sought for a child's leukemia treatment, and the PEO Comprehensive

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FLSA: Texas court says no overtime for highly compensated

Details: Be careful, though. If an employee is misclassified as exempt, time and a half at $100,000 a year adds up to significant liability. Still, you don't want to pay overtime if you don't have to. The highly paid employee exemption can come in handy. Check with an employment lawyer to zip up the details.

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Justices Hear Accommodation-vs.-Seniority Case

Details: US Airways lawyer Walter E. Dellinger asked the justices Wednesday for a "bright-line rule" that would insulate a neutral employment policy like a seniority system from alteration to meet a disabled worker's needs, according to the Times. In adopting the law in 1990, Congress "would have thought long and debated hard before saying that the

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R.I. Nightclub Fighting $1M Workers' Comp Fine

Details: Michael Derderian's lawyer, Kathleen Hagerty, called the Department of Labor and Training's fine a ''knee jerk reaction to the ultimate tragedy,'' the fire. ''Obviously the devastation that occurred was not a result of the Derderians not having workers' compensation insurance,'' she said.

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Shell Settles ERISA Suit for $90M

Details: "This really is a great settlement," David Scott, a Connecticut lawyer representing the employees, told the Houston Chronicle. "Dollar for dollar, this is huge." Exactly which Shell employees will get paid--and how much each will receive--remains to be seen, the Chronicle reported. But potentially, thousands of Shell's 22,000 U.S. workers could

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Compensation Administration laws, regulations, analysis

Details: It will sometimes be the executive’s own lawyer who devises the various tax-sheltering aspects of the compensation plan. Only rarely will it be the compensation manager. The most sophisticated executive pay plans are the fruit of negotiations between the executive and one or more higher-ranking officials. Like contracts with movie stars and

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Allstate Again Accused of Coercing Agents

Details: Allstate lawyer Susan Rosborough told the Times that her client, the country's second-largest seller of auto and home insurance after State Farm, treated its agents properly and legally. The company says it wants to make its sales force more efficient and is increasing commissions to compensate for the elimination of benefits.

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Exempt Employees laws, regulations, analysis – HR.BLR.com

Details: The exemption is available to the occasional lawyer who has not gone to law school or the occasional chemist who is not the possessor of a degree in chemistry, etc. It is not automatically available to members of occupations such as journalism, in which the bulk of employees have acquired their skill by experience rather than by any formal

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AFL-CIO Opposing Labor Dept. Nominee

Details: The labor federation has debated for months whether to fight the nomination of Scalia, a Washington, D.C., labor lawyer. Sweeney's letter is the …

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Job Title Inflation: What’s in a Name

Details: But one lawyer warns of the legal risks of job title inflation. He is John K. Skousen, partner in the Irvine, California, office of employment law firm Fisher & Phillips. Here’s the biggest problem, he says: Beware giving an employee a job title that implies functions of which he or she isn’t capable.

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Enron Workers Lose Their Retirement Funds

Details: Steve W. Berman, a lawyer from Seattle who represented states against the tobacco industry, has filed a lawsuit in Federal District Court in Houston seeking class-action status on behalf of Enron employees who lost money on the stock through their retirement plan.

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Exempt vs Non-Exempt Duties for Three FLSA Exemptions

Details: A licensed lawyer or CPA doing legal or financial work; and; A designer performing creative work requiring independent judgment and discretion. Non-exempt duties are: Bookkeeping or financial planning by an unlicensed person; Duplicating or re-drawing designs or patterns (when performed by an assistant); and

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Did Employee Lie About Injury

Details: They reversed the jury award, harshly criticizing Catello’s lawyer for “hijacking” the jury. Casanova v. American Airlines, U.S. Court of Appeals for the 7th Circuit, No. 09-1020 (8/5/10). Point to remember: Judges felt the case against American was so weak it …

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Latex Allergy: Not an ADA Disability

Details: In response to the summary judgment motion, Scanlon's lawyer submitted testimony from her treating doctor, who described her latex allergy as "life threatening" because of the breathing difficulty that exposure to latex causes her.

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Victims' Fund Treating Male, Female Earners Equally

Details: American Lawyer notes some of the effects of this standard: From 1993 to 1999, the wrongful death of an adult male averaged an overall median compensation of $800,000, but for women it was $626,500, according to a 2000 nationwide study conducted by Jury Verdict Research. Hardly anyone will argue that the BLS table is cutting-edge current.

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Wage & Hour in the Time of COVID-19

Details: To stay up to speed on the details, keep in regular communication with your employment lawyer—we can help you spot issues, see the big picture, and comply with the current iteration of guidance as it keeps changing. Everyone needs a little extra help right now, so be sure to ask and use your resources.

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Managers Sue Ford Over Hiring Quotas

Details: Kovacs "had a bird's-eye view of the discrimination at Ford and has the documents to prove it," said his lawyer, James Fett. On the same day Kovacs filed his suit, Guy Bertram, a 49-year-old Ford management employee, filed a suit in federal court claiming he …

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Workers' Comp Claims for Stress on the Rise

Details: "People are becoming more aware of what can happen with stress," says Robert Howerton, a lawyer in Marion, Ill., who represented the Baggett family. Critics tell USA Today that mental stress rarely meets the criteria of an occupational injury, and employers can face bogus claims.

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Jury Awards $90M in OT Case

Details: Zieff, the plaintiffs' lawyer, said a survey the typical Farmers adjuster makes $30,000 a year and works 50 hours a week. The award represents $37,500 per plaintiff. The amount that each plaintiff actually receives will be determined by a judge, who will look at tenure and other factors.

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Calif. Ruling In Workers Comp Liability

Details: Timothy A. Black, the lawyer for the Camargo family, said the tractor was not properly equipped with roll bars and safety restraints, making the contractor unqualified for the job. "It is not realistic to think the marketplace is going to take care of worker safety, especially now that we have so many day laborers," Black said.

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Moving Expenses/ Relocation laws, regulations, analysis

Details: Employers should also consult a good real estate lawyer before developing and implementing a policy of this kind. Turnover after relocation. In order to guard against employer loss of relocation payments due to employee termination within a few months of relocation, employers might require employees to repay some of the relocating expenses if

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Researchers Rank the Most Employee-Friendly States

Details: The researchers looked at the working environments in all 50 states and Washington, D.C., analyzing data on average pay, employment opportunities, employee benefits, percentage of low-income workers, fair treatment between genders, and ability for employees to unionize.

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PacBell Settles OT Suit for $35M

Details: Now the engineers, who earn up to $60,000 a year, will receive at least $107 - or roughly six hours of overtime - for every week they worked since June 1993, said Mark R. Thierman, a San Francisco lawyer representing them. The utility admitted no wrongdoing in …

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Morgan Stanley's 'Reluctant' EEOC Complainant

Details: A lawyer for the firm said those numbers were wrong but declined to provide others. In interviews with the newspaper that were arranged by the EEOC, women who worked with Schieffelin at Morgan Stanley described a working environment in which men swapped off-color jokes and tales of sexual exploits and treated their female colleagues as inferior

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Independent Contractors training, regulations, analysis

Details: Independent contractors are not included in an employer's benefits programs, and they are not eligible for unemployment insurance benefits. Independent contractors are also exempt from wage and hour and employment discrimination laws. However, problems arise when individuals who are truly employees are treated by employers as independent

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Anchorwoman's Suit To Get New Trial

Details: After returning to anchoring, she asked the station to provide her with a special pillow to ease her pain, according to her lawyer. Instead, the station told her to go on disability leave, he said. When she returned, Kessler was demoted to full-time reporter.

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Woman's ADA Claim Upheld, FMLA Claim Denied

Details: In the suit, Alifano's lawyer, Anne E. Hendricks, argued that Merck violated her rights under the FMLA in seven ways: - Failing to provide adequate notice of her FMLA rights. - Failing to provide adequate written notice explaining the specific expectations and obligations and the consequences of a failure to meet these obligations.

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Newspaper: Managers Illegally Alter Time Cards

Details: "A lot of this is that district managers might fire you as soon as look at you," said William Rutzick, a lawyer who reached a $1.5 million settlement with Taco Bell last year after a jury found the chain's managers guilty of erasing time and requiring off-the-clock work. "The store managers have a toehold in the lower middle class.

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Johnnie Cochran Representing Enron Workers

Details: Johnnie Cochran, the lawyer who became famous for his defense of O.J. Simpson, has been retained to represent laid off Enron Corp. workers. The announcement was made by the group that hired Cochran, Houston-area representatives of …

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Wal-Mart Accused of Denying Lunch Breaks

Details: "This is Wal-Mart auditing Wal-Mart," Furth, the plaintiffs' lawyer, remarked. The trial will last weeks, according to the AP, which notes that the plaintiffs will need nine jurors to side with them to prevail. Links. Associated Press article, via the San Francisco Chronicle ; Related topics on Compensation.BLR.com Rest Periods

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Exempt Employees Aggravated by Long Hours

Details: "Misclassification of employees under the FLSA is rampant," says Atlanta employment lawyer Charles T. Huddleston. The price employers pay "for misclassifying employees can be up to two years of unpaid overtime, doubled by statute, plus attorneys' fees."

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Merrill Lynch Settles OT Suit by Brokers

Details: Some labor attorneys say the settlement is significant and could prompt more overtime claims in the financial industry. "It's a huge deal with very significant ramifications," says Cliff Palefsky, a lawyer in San Francisco who has sued brokerage firms.

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Firing Costs AOL a $5M Jury Award

Details: AOL lawyer Dov Grunschlag told jurors that AOL executives had already gotten the message with the $1.5 million compensatory award. "This is not about making windfalls for people or the lottery or making multi-millionaires," Grunschlag said. "In this case, we are telling you the company has heard the message loud and clear."

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Employer on Good Footing with Smoking Ban, Experts Say

Details: But as long as those laws are followed, "(a)n employer is free to hire on the basis of what it considers desirable traits, skills, characteristics and so forth," lawyer Linda Goldberg, of the firm Miller Canfield, told the News.

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Confronting a Teacher Put Officials in Danger

Details: Florea caught wind of the allegations as they rippled through the school, said his lawyer, Bob Sivick. Florea finished teaching for the day, Sivick said, and then purchased a .22-caliber rifle, which can be done without a waiting period.

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Workers Fight Off-the-Clock Work

Details: "In most cases, the allegations you hear about involve individual managers who are acting to enhance the profitability of their own units, rather than reflecting any companywide practices or policies," says Steven Drapkin, a lawyer for the Employers Group. One of the most high-profile cases involves allegations against Wal-Mart.

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Employers Should Understand Nuances Between California

Details: Mary advises employers of all sizes in all areas of the employer-employee relationship. Also, she defends employers before federal and state courts and agencies, handling all types of employment cases. She is a very frequent speaker and writer on human resource issues, and she has been named a Northern California "Super Lawyer" for three years.

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Workers Fight Off-the-Clock Work

Details: "In most cases, the allegations you hear about involve individual managers who are acting to enhance the profitability of their own units, rather than reflecting any companywide practices or policies," says Steven Drapkin, a lawyer for the Employers Group. One of the most high-profile cases involves allegations against Wal-Mart.

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