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Author Archives: J. A. Curia III

LESSONS FROM THE PENN STATE SCANDAL: REPORTING CHILD ABUSE AT WORK

At this point, who hasn’t heard about the recent scandal at Penn State?  It has shocked America and sent the University into an institutional crisis.  Allegations of child sexual abuse are not unique to educational institutions, however.  They can happen in employment settings, too.
Posted in Ethics, General Employer Interest | Leave a comment

KENTUCKY FEDERAL COURT PERMITS EMPLOYER TO SHORTEN THE STATUTE OF LIMITATIONS

An employee filled out an application for employment that, among other things, required her to bring any employment-related claims against her employer within one year of the action giving rise to the claim.  Eighteen months after she was allegedly wrongfully terminated, the employee brought suit against her employer.
Posted in General Employer Interest | Leave a comment

SUPREME COURT TO SHED LIGHT ON LARGE CLASS ACTION DISCRIMINATION CLAIMS

The United States Supreme Court has recently agreed to hear an appeal in a class action gender discrimination case involving current and former female Wal-Mart employees.   Commentators have dubbed this as the largest class action case in history – with some estimates placing the size of the class at as many as 2 million plaintiffs [...]
Posted in Discrimination (Title VII / EEO), General Employer Interest | Leave a comment

WEST VIRGINIA SUPREME COURT: EMPLOYEES CAN SIMULTANEOUSLY RECEIVE SOCIAL SECURITY AND TEMPORARY TOTAL DISABILITY BENEFITS — UP TO 80% OF THEIR PRE-INJURY WAGE

In West Virginia, workers injured in the course of their employment often seek workers’ compensation benefits.  These benefits are provided to workers by employers in accordance with state law.  One type of workers’ compensation benefit that is frequently sought by injured employees is temporary total disability benefits.  Temporary total disability benefits are awarded to workers [...]
Posted in General Employer Interest, Workers’ Compensation | Leave a comment

INTERNSHIP PROGRAMS AND VOLUNTEERS: TO PAY OR NOT TO PAY, PART 2

In a piece back in May, we discussed whether employers should be paying their summer interns.  As you gear up this winter for hiring 2011 summer interns – and with the U.S. Department of Labor’s (DOL) Wage and Hour Division stepping up their enforcement — you may find it a good time to formally structure [...]
Posted in General Employer Interest, Human Relations, Wage and Hour | Leave a comment

WHEN IN NEED OF PRIVACY, LOOK TO YOUR LAWYER

A little over a month ago in this space, we wrote about the United States Supreme Court’s landmark decision in Quon v. City of Ontario, in which the nation’s highest Court upheld an employer’s right to examine personal messages an employee sent on an employer-issued pager.
Posted in Electronic Workplace, Employee Privacy, Human Relations, Technology | Leave a comment

BIG WEEK FOR THE NLRB: SUPREME COURT DECISION CALLS INTO DOUBT OVER 500 DECISIONS AND GENERAL COUNSEL RESIGNS

The National Labor Relations Board is a federal agency that, among other things, resolves cases involving alleged unfair labor practices by employers and unions. The Board generally has five members, all of whom are appointed by the President. Due in large part to political disagreements, however, the Board operated with only two members from January [...]
Posted in Collective Bargaining, Labor Relations | Leave a comment

WEST VIRGINIA SUPREME COURT: IT DOESN’T COST $660K TO DEMOTE A FOUL-MOUTHED SUPERVISOR

Imagine this scenario: a company conducts an anonymous employee survey and learns that its employees are dissatisfied with management practices. The company investigates to figure out the source of the dissatisfaction and learns that no less than nine employees have heard a particular supervisor use foul language. Among other things, the employees state that they [...]
Posted in Discipline and Discharge, Discrimination (Title VII / EEO) | Leave a comment

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