Precedent
Precedent News, Articles, Blogs, Webinars, White Papers & Events. Human Resources Management featuring HR news on Precedent.
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Worker's Inability to Speak English Appropriately Considered in Disability Ruling: Court
… Contrary to Merivic's assertion, Lovic was the agency precedent in effect at the time Gutierrez's case was decided, and ..... commissioner's decision was entirely consistent with that agency precedent ." The appellate court also ruled that the commissioner …
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Fiscal Cliff Talks Target Retirement Plans
… that money is fully taxable. Whether lawmakers will take an ax to employer retirement plans isn't known, but there is precedent for such action. In 1986, as part of legislation that ultimately became the Tax Reform Act of 1986, lawmakers slashed to …
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Wal-Mart Class Action Decision Sets Precedent , Cited in Costco Ruling
An attorney notes that the Wal-Mart decision earlier this year will make it difficult for nationwide class actions in employment law to succeed.
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Telecommuting as a Reasonable Accommodation
… is an unreasonable accommodation as a matter of law, such blanket assertion is not necessarily supported by Sixth Circuit precedent . Certainly, the Sixth Circuit has agreed with the general proposition that an employer is not required "to allow disabled …
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Now the NLRB Says Employers Can't Regulate Threatening or Offensive Speech (This is Getting Ridiculous)
… Fresenius' questioning of Grosso put him in the position of having to reveal his protected activity, which Board precedent holds an employee may not be required to do where, as here, the inquiry is unrelated to the employee's job performance …
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Racial Discrimination Lawsuit Against Humana Reinstated
… complaint establish a prima facie cause under McDonnell Douglas and its progeny is contrary to Supreme Court and 6th Circuit precedent ," said a three-judge panel's unanimous ruling. Citing the Supreme Court's 2002 ruling in Swierkiewicz vs. Sorema …
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In an Apparent First, a Public Pension Plan Files for Bankruptcy
… would be under the jurisdiction of Chapter 7 of the U.S. Bankruptcy Code. The development of the restructuring will set a precedent , particularly at a time when local government budgets and defined-benefit plans are under strain. "If it were a private …
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Dear Workforce Is There A Precedent For Compensating Different Employees With Different Incentives
Many companies establish different participation levels in various compensation and benefit programs, depending on certain factors.
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Sotomayor Expected to Stay Mainstream in Pension Rulings
… Courtâ s first Hispanic justice, isnâ t expected to shatter precedent with her rulings on high court pension cases, according to ..... law firm Reish & Reicher. â She basically applies existing precedent .â â I didnâ t see anything out of the ordinary one way …
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Employer Requests for Applicants' Online Access Gets Lawmakers' Attention
… deemed private." This "disturbing practice represents a grave intrusion into personal privacy that could set a dangerous precedent for personal privacy and online privacy, making it more difficult for Americans to get jobs, and expose employers to discrimination …
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Judge Rules Law Mandating State Employee Contributions Is Unconstitutional
… believe this decision is simply wrong," Scott said in a statement. "The trial judge has ignored 30 years of Supreme Court precedent in a decision that refuses to allow Florida to have common-sense pension reform. This is another example of a court substituting …
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Background-Check Tool Keeps Tabs on Sex Harassment Cases
… reasons, such as the agency could not locate the plaintiff, the plaintiff withdrew the charges or related litigation took precedent over the EEOC's case. About 27 percent of the cases resulted in favorable outcomes for accusers. "The bigger risk" is …
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Special Report on Social Media: You Cant Take Your Online Contacts With You ... or Can You
… Reilly, director of social media relations for employment services firm Monster Worldwide Inc. â There really aren't any precedent -setting cases.â Connecting the dots Interesting issues were raised in a lawsuit filed last year by Hanover, Maryland …
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Opening Pandora's (Private) Box
… Although it would be comforting to dismiss these examples as nothing more than extremism, there isn’t a lot of historical precedent to tell us that given the opportunity, society will take the high road. Consider, for example, an article in the March …
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High Scores in the Leadership Game
In an industry with no precedent and few opportunities for formal training, a video-game developer trains its own leaders, and wins the Optimas Award for Vision. Electronic Arts' employee development is paying off in the form of better product reviews and more positive consumer feedback on its ...
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Dear Workforce How Do We Prevent Division Presidents from Undercutting HR
You are on dangerous ground to let this precedent stand.
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Labor Policy Set for Change as SEIU, NLRB Get New Blood
… stoked by the National Mediation Board overturning 76 years of precedent in early May when it ruled to allow rail and aviation organizing ..... labor-management relations, given statutory constraints, precedent , judicial review and board turnover. â I do not think that …
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Workplace Guidance Remains Elusive After Facebook Posting Case Is Settled
… mouthing her boss on Facebook, dashing hopes for a legal precedent to guide employersâ social media policies. Dawnmarie Souza ..... settlement means that employers are still without a legal precedent to guide their decisions when it comes to employee speech …
