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Staffing and the Law

Staged RIFs Qualify for Heightened Protection From Age Discrimination

April 23, 2013
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A reduction in force can occur in stages and over time. An employer can first retain key employees during a layoff and then layoff those key employees later when economic realities dictate their termination.
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EEOC Rejects Staffing Company's “Just Following Orders” Defense

December 10, 2012
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If you are a staffing company, consider writing indemnification clauses into your agreements to help insure against liability when the company for whom you are staffing discriminates. Otherwise, there is a good chance that the law will not protect you from your customer's discrimination.
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Does an Unaccepted Offer of Judgment Moot a Wage-and-Hour Case? Genesis HealthCare Corp. vs. Symczyk

December 4, 2012
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The outcome of this case is difficult to gauge based on the oral argument, because both potential sides of the court attacked the underlying issues so differently.
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What Skeletons Are You Unearthing by Suing an Ex-Employee?

November 5, 2012
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Before you bring suit against an ex-employee, you might want to consider whether there exist any skeletons in your employment closet that could come back to haunt you in the litigation.
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Emergency Room Physician is Independent Contractor, Cannot Pursue Bias Claims: Court

October 31, 2012
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Glascock charged that throughout her relationship with the group she was subjected to ongoing sexual harassment by other group physicians, including being called a “princess,” “cutie” and “babe,” as well as disparaging remarks about pregnancy.
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Temp Workers Sue Wal-Mart, Staffing Firms

October 23, 2012
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A group of Illinois workers filed suit against Wal-Mart Stores Inc. and two staffing firms — QPS Employment Group Inc. and Labor Ready - Midwest Inc. — claiming they didn't receive pay for all hours worked and didn't receive employment and wage notices as required by law, according to the complaint in the lawsuit.
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Criminal Background Checks Remain on the EEOC's Radar

September 12, 2012
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If you are considering using arrest or conviction records to aid in your hiring decisions, do not do so without a reason connecting the offense to the job, and without the input of employment counsel versed on these issues.
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Accommodating Religions Starts at Home (A Love Story)

August 29, 2012
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Employers seem to have forgotten how to accommodate, and people are quick to lay blame at the feet of companies. Yet, teaching how to accommodate starts at home.
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Trucking Company Settles EEOC Racial Discrimination Lawsuit for $120,000

August 7, 2012
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A defunct trucking company hired 38 white dock workers at its Newton, North Carolina facility in April 2011, purposefully overlooking six equally qualified African-American applicants for the positions on the basis of their race.
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