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Staffing and the Law

Receiving a Requested Transfer as an Adverse Employment Action

January 15, 2014
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Is a transfer to the very same position, for which, just nine months earlier, an employee had applied, an 'adverse employment action' sufficient to support a claim of discrimination? Amazingly, the 6th Circuit answered, 'Yes.'
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Blackballing as Retaliation

January 9, 2014
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Refusing to hire someone who filed a lawsuit claiming a violation of the FLSA or Title VII is illegal retaliation.
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Workplace-Related Class-Action Lawsuits Still Hinge on Wal-Mart Case: Report

January 7, 2014
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The 2011 ruling of Wal-Mart Stores Inc. v. Dukes continued to have a wide-ranging impact on virtually all class actions pending in federal and state courts throughout the country in 2013 cases.


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Social Media Background Checks as Discrimination

November 25, 2013
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Train an employee who is insulated from the hiring process to do your social media searches, scrub all protected information, and provide a sanitized report to those responsible for making the hiring decision.


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Are Graduate Assistants Employees or Students?

November 21, 2013
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The status of a graduate assistant must be analyzed based on the 'economic realities' of each individual.


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EEOC Tackles National-Origin Discrimination

November 19, 2013
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Understand and pay attention to these issues of national-origin discrimination, if for no other reason than the fact that the EEOC is watching.


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SpongeBob SquarePants, Employment Law Professor

November 12, 2013
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Bravo to Eugene Krabs for bringing the plight of the unpaid intern to the forefront of pop culture. Employees are not allowed to volunteer their time or work for free.
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Yes, It’s Legal:10 More Things Companies Can Do Without Breaking the Law #yesitslegal

October 28, 2013
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Here's my list. How about you? What would you add to the list? Leave your thoughts in the comments below, or tweet it with the hashtag #yesitslegal.
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Riffing on the Right Way to do Workforce Reductions

October 21, 2013
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Done poorly, RIFs open employer to widespread claims of discrimination that can prove more difficult to defend than the savings the employer hoped to realize from the layoffs.


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The High Price of EEOC Background Check Litigation

October 8, 2013
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Perhaps one solution to this crisis is for Congress to engage in some simple oversight over the agencies that enforce our various laws, including the EEOC. $751,942.48 in taxpayer money is a costly investment to chase a fool's errand.


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