Defendant
Defendant News, Articles, Blogs, Webinars, White Papers & Events. Human Resources Management featuring HR news on Defendant.
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Employee vs. Independent Contractor: Do You Know the Difference?
… that their working relationship with Defendants was relatively permanent, they worked ..... overtime over several months, and that Defendants exercised strict control over their ..... day activities while out on the road. Defendants countered that Plaintiffs worked on …
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EEOC Lands Its Largest Settlement Ever
… judgment notwithstanding the verdict for the defendant , or by ordering a new trial. A court ..... million judgment against an insolvent defendant is not worth more than the paper on which ..... verdict might grab headlines, but for a defendant , the war is not over until the final …
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SCOTUS: Picking Off Individual Plaintiffs Moots Wage and Hour Collective Action Claims
… receives an offer from the defendants to satisfy all of the ..... as follows: Because respondent had no personal interest ..... Court: In this case, respondent ’s complaint requested ..... limitations. Nor can a defendant ’s attempt to obtain ..... rights vindicated in respondent ’s suit, such putative …
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DOJ Sues Staffing Agency for Violating Immigration and Nationality Act
… rights under the statute, according to the DOJ. The complaint seeks a court order prohibiting future discrimination by the respondent , monetary damages to the employee and civil penalties, according to the department's statement, which did not identify …
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Of Storks and Honesty—Avoid Shifting Reasons When Defending an Employment Decision
… unemployment] hearing, however, both Williams and Cotton asserted that Teare's discharge resulted from her violation of Respondent 's confidentiality policy.... [A]n employer's shifting reasons for discharge may provide evidence of an unlawful …
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Does Social Media Change the Meaning of Solicitation?
… benefits of Nerium as a product and Defendant 's professional satisfaction with ..... solicitations presumably because some of Defendant 's Facebook "friends" are also PPLSI sales associates and may view Defendant 's posts.... PPLSI has not shown …
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A Cautionary Tale on What Happens When You Botch a Litigation Hold
… evidence was inexcusable:Plaintiff provided Defendant with notice on numerous occasions of the need ..... likely would inform Plaintiff's claims and Defendant 's defense.... Defendant 's failure to establish a litigation hold is …
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Customer Preference Does Not Protect Employers From Race Discrimination Claims
… the Charge Nurse called the Nurse Manager, Defendant Osika. 13. Defendant Osika told the Charge Nurse, Herholz, to re ..... to another nurse and to advise Plaintiff that Defendant Osika, would speak to her supervisor and take …
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Does an Unaccepted Offer of Judgment Moot a Wage-and-Hour Case? Genesis HealthCare Corp. vs. Symczyk
… plaintiff receives an offer from the defendants to satisfy all of the plaintiff's ..... justiciable controversy remains when a defendant tenders an offer of judgment under Rule ..... effectively could be "picked off'" by a defendant 's tender of judgment before an affirmative …
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Survey Shows Lack of Innovation Motivation
… their firm's innovation efforts. One respondent suggested a bunker mentality persists ..... is 100% everyone's focus," the respondent wrote. "No funds or tolerance from ..... priorities for most staff," a survey respondent said. "The conundrum is that if more …
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Be Careful What You Bring Upon Yourself When Suing an Ex-Employee
… charge with the NLRB.Garza testified that shortly after she left the Respondent 's employ, she and five other former employees of the Respondent were sued by the Respondent for an alleged violation of the no contact/no raiding and the non …
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Men Get Prison, Must Repay $5 Million for Defrauding Staffing Firms
… sentenced to 87 months Each defendant was taken into custody ..... Banks and the co- defendants were developing a software ..... In many cases, a defendant would report hours ..... firm while another defendant approved those hours ..... staffing firms billed the defendants ' firms, they did …
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Big Lots Settles Sexual Harassment Lawsuit with EEOC for $155,000
… strictly liable for the sexual harassment of a class of female employees because of Mr. Muntz's status as store manager at defendant 's Fort Smith, Arkansas, facility," according to the lawsuit. In addition to paying $155,000 to four claimants …
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Do You Have a Workplace Policy Banning the Electronic Recording of Conversations?
… act of recording in and of itself: Jones has not shown why she needed to violate the recording policy in order to oppose defendants ' alleged discrimination. She might have taken notes of the conversations, obtained the same information through legal discovery …
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Workers Indicted for Defrauding Employer-Sponsored Wellness Program
… behalf of their dependents, including their children. All told, the indictment alleges that the seven employees named as defendants collected more than $310,000 in ill-gotten gift and debit cards. Among the seven, Kansas City Municipal Court employee …
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Pay Attention: NLRB Issues its Second Social Media Decision in a Month (Knauz BMW)
… discussion with any other employee of the Respondent , and had no connection to any of the ..... short, by its "Courtesy" rule the Respondent sought to promote civility and decorum ..... would have been patently obvious to Respondent 's employees, who depend on the dealership …
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NLRB Continues to Attack Facially Neutral Employment Policies
… engaging in certain protected communications.... [T]he Respondent 's rule does not present accompanying language that would tend ..... activities, such as communications that are critical of the Respondent 's treatment of its employees. In her analysis of the Costco …
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A Letter to the NLRB on Its Latest Position Against Confidential Workplace Investigations
… justification that outweighs employees' Section 7 rights.... Respondent 's generalized concern with protecting the integrity of its ..... order to minimize the impact on Section 7 rights, it was the Respondent 's burden "to first determine whether in any give[n …
