Labor and Employment Update for the HRMA June 2011 Lunch
Brooke Duncan III, HRMA New Orleans Legislative Chair
Adams and Reese LLP, 504.585.0220,
At the Labor Board—the Boeing Case
The Board’s complaint against Boeing that it abandoned a plant in Washington because of contentious union relations and moved the work to South Carolina has drawn more criticism than anyone can remember—and that’s saying a lot. Now, 16 states’ attorneys general are siding with Boeing, concerned that the Board’s real agenda is to blunt if not eliminate right-to-work laws.
That Silly EEOC
Actually, “frivolous” was the word used by a court in sanctioning the EEOC yet again for pressing a lawsuit when it was abundantly clear there was no evidence of discrimination. For years employers have complained that the EEOC ignores perfectly reasonable explanations that rebut discrimination allegations. Making the EEOC pay employers might just make the Commission think twice before suing.
In the Congress
Fair Credit Reporting Act: effective next month, employers must disclose credit scores used to make adverse hiring decisions. Employment Non-Discrimination Act of 2011: bill would outlaw discrimination based on sexual orientation, gender identity; has broad support. Family and Medical Leave Enhancement Act: if enacted, will extend FMLA to employers with 25 employees, require time off for kids’ doctors appointments and school activities.
In the Courts
FMLA: Eligibility keys off the start date, not the hire date, says a Louisiana federal court.
A state appellate court says an ex-employee should get a bonus pursuant to an employment agreement despite a prior federal court judgment giving the employer damages for the employee’s breach of fiduciary duty.
There’s no law against being offensive and inappropriate. That’s basically what a Florida federal court said in throwing out a hostile environment/defamation case by an employee who said his co-workers called him a pedophile and changed his computer background to show a van painted with “free candy” on its side. Readily agreeing that the behavior was harassing and ridiculing, the court said it wasn’t based on the employee’s gender.
Other News
Dilbert couldn’t make this up. A Los AngelesCounty employee dies in her cubicle and nobody notices until the next day. Must not have been an essential employee.