Welcome, everyone, to the February 2015 edition of the Employment Law Blog Carnival. For those who don’t know, the ELBC, as we like to call it, is a monthly installment of the latest and greatest from the employment-law blogosphere. Each month, a different host and a different theme.
In January, Doug Hass at Wage & Hour Insights brought you the Employment Law Blog Carnival: Awards Season Edition (here). Given the shaft The Expendables III took both from the Academy and the ELBC, after the jump, I’m ready to unleash the thunder…
“They drew first blood, not me.” [John Rambo; First Blood]
“I live to see you eat that contract! But I hope you leave enough room for my fist, because I’m going to ram it into your stomach and break your goddamn spine!”
[Ben Richards; The Running Man]
In Canada, many employers like to use fixed-term contracts of employment to minimize or eliminate any obligation to provide pay in lieu of notice, or severance, if they choose to terminate the relationship. But, the use of a fixed-term contract can also create some surprising obligations — like trying to get rid of an employee, writes Stuart Rudner at Rudner MacDonald LLP’s employment law blog.
“I suppose nothing hurts you.”
“Only pain.”
[Conan; Conan the Destroyer]
If you are an employer subject to the Affordable Care Act, you should be starting to feel its presence– or maybe that started for you already. You are subject to what is known as the Employer Mandate–and you may have to worry about penalties. As with many parts of the ACA, misconceptions abound. At her blog, The Employerologist, Janette Levey Frisch looks at the penalties and transitional relief that may be available.
“Don’t let your mouth get your ass in trouble.”
[John Shaft; Shaft]
There are times when a situation just doesn’t seem right, but we really don’t know the appropriate next step. Sharlyn Lauby, the HR Bartender, addresses conflicts of interest.
“Remember, Sully, when I promised to kill you last?”
“That’s right, Matrix! You did!”
“I LIED!” [John Matrix; Commando]
Can a company compel arbitration when a former employee brings a retaliation claim against the company under the False Claims Act? The answer, according to courts that have encountered the issue, could go either way. Here’s more on Retaliation and Qui Tam Claims under the False Claims Act from Jared Jacobson at i-Sight blog.
“You’re a disease, and I’m the cure.”
[Marion ‘Cobra’ Cobretti; Cobra]
Companies should take steps to reduce the risk of becoming the next defendant, and put themselves in a solid defensive position. One way to do so is to avoid making one of 3 common human resources mistakes, writes Mitchell Quick at his HR Genius Bar Blog.
“I know now why you cry, but it’s something I can never do.” [Terminator; Terminator 2: Judgment Day]
John Fullerton at Financial Services Employment Law blog discussed how the Fourth Circuit oped to apply a four-year statute of limitations, and approved an award of emotional distress damages in a SOX claim.
“How do you Soviets deal with stress?”
“Vodka”
[Ivan Danko; Red Heat]
Paid sick leave has become a growing trend on the state and local level writes Ari Rosenstein at CPEhr’s Small Biz HR Blog.
“I don’t know who you are. I don’t know what you want. If you are looking for ransom, I can tell you I don’t have money. But what I do have are a very particular set of skills; skills I have acquired over a very long career. Skills that make me a nightmare for people like you. If you let my daughter go now, that’ll be the end of it. I will not look for you, I will not pursue you. But if you don’t, I will look for you, I will find you, and I will kill you.“
[Bryan Mills; Taken]
Heather Bussing at HR Examiner has 7 tips for dealing with employee theft.
“See you at the party, Richter!”
[Douglas Quaid; Total Recall] Robin Shea at the Employment and Labor Insider blog has a full rundown of the Faruqi sexual-harassment trial.
“I have come here to chew bubblegum and kick ass… And I’m all out of bubblegum.”
[John Nada; They Live]
The U.S. Department of Labor has made it very apparent that they see employee misclassification as their prime mission At his HR Observations blog, Mike Haberman discusses the DOL’s crackdown.
“You have to ask yourself one question: Do I feel lucky? Well, do ya, punk?”
[Harry Callahan; Dirty Harry]Donna Ballman at Screw You Guys, I’m Going Home explains how the odds of getting the EEOC to file suit for you are not much better than the odds of getting stuck by lightning.
“By the powers vested in me, I now pronounce you man and knife.”
[Lee Christmas; The Expendables 2]
Roses are Red, Violets are Blue, Office Romances are Sweet, Until Somebody Sues. Allison B. Williams checks in from Employment Essentials with “Cubicle Cupids and the Woes of Workplace Romance.”
“Surprise, I’m your new cellmate. And I’ve come to make your life a living hell. Prepare for a bitter harvest. Winter… has come at last.”
[Mr. Freeze; Batman and Robin]
At the Ohio Employer’s Law Blog, Jon Hyman answers the age-old question: “What does a snowblower have to do with your next employee termination?”
“I’m gonna to take you to the bank Senator Trent, the blood bank.”
[Mason Storm; Hard to Kill]
Furious lobbying continues ahead of new FLSA regulations, writes Doug Hass at Wage & Hour Insights.
“I’m too old for this s*&t.”
[Roger Murtaugh; Lethal Weapon]
Among the many changes to laws impacting Illinois Employers, one of the most novel changes in Illinois is the “Secure Choice” Law that goes into effect on June 1, 2017. Yep, Illinois employers are offering voluntary retirement, writes Walker Lawrence at Maduff & Maduff’s blog.
“No, John Spartan, you do not accuse the savior of our city of being in league with a multi-murder-death-killer like Simon Phoenix! It’s… rude!”
“I’ll be subtle. I’m good at subtle.”
[John Spartan; Demolition Man]
Companies must appreciate that a sound legal argument raised in defense to an employee’s or applicant’s suit or claim may trigger unwanted and unfavorable publicity. More about this from John Holmquist at Michigan Employment Law Connection.
“Run! Get to the chopper!”
[Dutch Schaeffer; Predator]
Despite its swiftly-approaching eightieth birthday the Fair Labor Standards Act is as relevant today as it was when passed in 1938. So, why do courts continue to struggle with the FLSA? Bob Fitzpatrick at Fitzpatrick on Employment Law has some answers.
17 blog posts in one ELBC.