HR Lawyer's Blog

ADA Amendments Act Working Its Way Through Congress

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 14 Aug 2008 15:17:28 -0600

A large, bipartisan group of senators signed on as co-sponsors of the ADA Amendments Act (S.3406) which was introduced August 1. The bill will strengthen the protections of the original Americans with Disabilities Act (ADA), passed in 1990. Sens. Tom Harkin, D. Iowa, and Orrin Hatch, R. Utah, led the effort to sign on 66 senators as co-sponsors of the bill. With so many co-sponsors, there is a good chance that the Senate leadership will bring the bill to the floor to a vote. The...

Guest Post: Ask Wise Questions Before Terminating An Employee

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 21 Jul 2008 20:55:06 -0600

Lessons From a Hotel Lobby We think we shape life. That’s wrong. Life shapes us. All readers know how they first learned this. Here’s my story, one that will help corporate counsel when it comes to decid- ing whether to impose the equivalent of capital punishment in employment: termination. It was 1975. Much to my mother’s dismay, I dropped out of college, moved to Washington, D.C., and started to work at a large, 800-room convention hotel as a desk clerk. Working...

Plaintiff Awarded $46 Million Dollar Verdict in Retaliation Case

chris@themckinneylawfirm.com (Christopher McKinney) — Sat, 05 Jul 2008 14:16:16 -0600

An Ohio jury recently awarded the largest verdict in Ohio history -- $46.7 million -- to a man who they said was wrongfully fired last year. This is the largest employment verdict I have seen, possibly ever. Ronald Luri, 55, accused Republic Services Inc. of retaliation and of forging documents critical of his job performance after he refused to fire three of his employees -- all about 60 years old -- on the grounds that such actions would constitute age-discrimination. The jury...

ADA Restoration Bill Passed

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 26 Jun 2008 20:36:21 -0600

The New York Times is reporting that the U.S. House has passed a major civil rights bill on Wednesday that would expand protections for people with disabilities and overturn several Supreme Court decisions issued in the last decade. We previously addressed this bill here. The bill, which was approved 402 to 17, would make it easier for workers to prove discrimination. It would explicitly relax some stringent standards set by the court and says that disability is to be...

Disability Advocates Working with Business Leaders to Achieve Compromise on ADA Restoration Act

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 19 Jun 2008 09:57:42 -0600

House Leaders are working on H.R. 3195, the ADA Restoration Act, a bill that had prompted a lot of concern with the business associations. Disability activists and business representatives have come together to agree on language that helps clarify the Americans with Disabilities Act, protects and strengthens the protections for the disabled — covering people who should be covered – while seeking to avoid the more onerous and expensive rules that employers fear. According to...

And you thought you had it rough at work...

chris@themckinneylawfirm.com (Christopher McKinney) — Fri, 30 May 2008 06:19:43 -0600

Here is a funny for the end of the week: &lt;a href=&quot;http://www.funnyordie.com/videos/e5714a96a4&quot; _fcksavedurl=&quot;http://www.funnyordie.com/videos/e5714a96a4&quot;&gt;Angry Boss w/ Will Ferrell&lt;/a&gt; on &lt;a href=&quot;http://www.funnyordie.com/&quot; _fcksavedurl=&quot;http://www.funnyordie.com/&quot;&gt;FunnyOrDie.com&lt;/a&gt;

Supreme Court Issues Two Important Retaliation Decisions

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 29 May 2008 09:20:21 -0600

The Supreme Court issued two important decisions this week regarding whether retaliation claims may be brought under 42 U.S.C. s 1981 and the ADEA section dealing with federal employees. Gomez-Perez v. Potter, No. 06-1321 (U.S. May 27, 2008) - The plaintiff in Gomez-Perez alleged that after she complained about age discrimination at her federal employer, she was retaliated against in various ways. She challenged that retaliation under the Age Discrimination in Employment Act...

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Tyson Foods Files Reply Brief in Effort to have Supreme Court Redefine "Work"

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 22 May 2008 14:00:43 -0600

On Tuesday, the petitioner filed this reply brief in the case of Tyson Foods, Inc. v. de Ascencio. The issue is “whether the time spent donning light protective gear constitutes ‘work’ under the Fair Labor Standards Act if the activities do not require a significant level of exertion.” The cert. petition can be found here and the respondent’s brief in opposition here, while the opinion of the Third Circuit can be found here. Related Posts: Tyson Wants...

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E-Mail: Pick Up The Phone « Marketing Integrity

Eighth Circuit Ignores Supreme Court Desert Palace Decision

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 15 May 2008 08:46:07 -0600

This week the Eight Circuit Court of Appeals issued a decision in Gross v. FBL Financial Services, No. 07-1490 (8th Cir. May 14, 2008), ignoring the Supreme Court's opinion in Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003). The issue has to do with the question of whether so-called "direct evidence" is still required in order to obtain a "mixed-motive" jury instruction. The direct evidence standard was formulated by Justice O'Connor in her Price Waterhouse v....

Senate Republicans Block Fair Pay Measure

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 24 Apr 2008 20:37:46 -0600

Senate Republicans on Wednesday blocked a measure intended to overturn a Supreme Court decision limiting pay discrimination suits in a politically charged vote certain to be replayed in the presidential and Congressional campaigns. By a vote of 56 to 42, the Senate fell four votes short of the 60 required to begin consideration of the Lilly Ledbetter Fair Pay Act, named for an Alabama woman who lost a case against the Goodyear Tire and Rubber Company when the court found she not did file...

Starbucks Ordered to Pay $100 Million in Swiped Tips

chris@themckinneylawfirm.com (Christopher McKinney) — Tue, 25 Mar 2008 17:36:19 -0600

Last week a California court ordered Starbucks to pay its California baristas more than $100 million in back tips and interest that the coffee chain paid to shift supervisors. California law prohibits managers and supervisors from sharing in employee gratuities. According to the court's finding, Starbucks illegally took a huge amount of money from the tip pool to pay shift supervisors, rather than paying them directly. Starbucks spokeswoman Valerie O'Neil said the company planned...

New Website Design

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 24 Mar 2008 17:12:47 -0600

Thanks to Mike Fox of Jottings by an Employer's Lawyer for his mention of our site's new design. It's my hope that the new layout will give visitors easier access to useful information on our site. If you have not already done so, I would encourage you to visit Jottings and bookmark it. It is truly one of the finest information sources for anyone working in HR. It is one of the few sites that I check every single day. You should too.

Supreme Court: EEOC Intake Questionnaire Counts as a Formal Charge

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 03 Mar 2008 22:03:10 -0600

In Federal Express Corp. v. Holowecki, the United State Supreme Court ruled that the EEOC's Intake Questionnaire adequately meets the requirements of a "Charge" to trigger an employee's rights to sue his or her employer in court. The plaintiff submitted to the EEOC an Intake Questionnaire with an affidavit contending that her employer was engaging in age discrimination. The EEOC did nothing with the Questionnaire for six months. The employer was not notified and no charge number was assigned....

Democrats Oppose FMLA Changes

chris@themckinneylawfirm.com (Christopher McKinney) — Wed, 27 Feb 2008 16:02:54 -0600

Democrats on Congressional Hill are voicing opposition to the proposed changes to the FMLA implementing regulations recently announced by the U.S. Department of Labor. Senators Chris Dodd (D-CT) and Edward Kennedy (D-MA) recently expressed their concern that the proposed changes would discourage employees from exercising their right to take family and medical leave. Senator Dodd, the Subcommittee chairman and sponsor of the original FMLA, identified proposals allowing employers to require...

Texas Primary-Caucus Combo Explained

chris@themckinneylawfirm.com (Christopher McKinney) — Wed, 27 Feb 2008 10:02:48 -0600

I seem to be queried almost daily these last few weeks about the intricacies of the Texas Primary/Caucus system. Believe me when I tell you that it is not something they cover in law school. So to the rescue comes this NPR interview of Kenneth Molberg. Mr. Molberg is a friend who also is a member of the Texas State Democratic Executive Committee. He is also currently running for the bench in Dallas County. Ken does a great job explaining both the mechanics and history of the...

More Supreme Court Employment Law Activity this Week

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 18 Feb 2008 17:02:12 -0600

Two interesting cases are being argued this week in the Supreme court: On Tuesday, the Court is scheduled to hear argument in Gomez-Perez v. Potter (06-1321), on whether the Age Discrimination in Employment Act bars retaliation by public employers for the filing of age discrimination complaints. On Wednesday, the Court is scheduled to hear oral argument in CBOCS West v. Humphries (06-1431), on whether employees may bring race retaliation claims under 42 USC 1981. In Gomez-Perez v....

Tyson Wants High Court to Redefine "Work"

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 07 Feb 2008 09:02:09 -0600

Lawyers for Tyson Foods are challenging a U.S. appeals court ruling that compensable work includes the putting on and taking off of protective work clothing and are calling on the Supreme Court to resolve what the company claims to be a conflict in the courts of appeal. Monday's petition for a writ of certiorari was filed with the Supreme Court by attorneys representing poultry processor Tyson Foods Inc., which faces more than 30 wage-and-hour lawsuits on behalf of tens of thousands of...

Honolulu jury awards $3M to city ex-official in whistleblower case.

chris@themckinneylawfirm.com (Christopher McKinney) — Mon, 28 Jan 2008 07:01:51 -0600

A Circuit Court jury Friday awarded a former Honolulu city official more than $3 million dollars, upholding her claim that she lost her job in 2003 for blowing the whistle on what she saw as wrongdoing in the administration of the former Mayor. The jury deliberated a half-day before returning a verdict in favor of the plaintiff, awarding her just more than $1 million in lost wages and retirement benefits and $2 million in general damages for pain and suffering inflicted on her by city...

Labor Case Set for Oral Argument at Supreme Court

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 24 Jan 2008 20:01:16 -0600

Chamber of Commerce v. Brown has been set for argument by the Supreme Court for March 19th. The Court is set to decide whether the National Labor Relations Act preempts a California law barring private employers from using state grant or program funds to influence union organizing campaigns. You can find the case briefing here. Source: ScotusBlog

Adventures in Questionable HR Management

chris@themckinneylawfirm.com (Christopher McKinney) — Thu, 17 Jan 2008 23:01:28 -0600

Yes friends, it's time once again to issue our Questionable HR Management Award Grand Prize. As you know we periodically hand out this prestigious award to a company that has shown particularly bad HR judgment and a complete lack of common sense. Today the award goes to Packaging Corporation of America in Counce, Tenn. for its inadvisable termination of an employee in response to said employee's election to the Mississippi State Senate. According to the Clarion Ledger, Freshman state Sen....

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Supreme Court will decide ERISA fiduciary case. - Ross' Employment Law Blog