by Burton J. Fishman
The Equal Employment Opportunity Commission (EEOC) has taken a bold step to challenge standard and accepted provisions in severance agreements in a recent suit, Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., CA no. 14-cv-863 (N.D. Ill., 2014). There are two particularly important elements in this suit.
Archive for the 'ADEA' Category
by Burton J. Fishman
What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old?
Those were questions recently put [...]
by John Phillips
Recently, a piece I heard on NPR’s Morning Edition, “Does Business Innovation Depend on a CEO’s Age?”, while driving to work caused me to swerve from one lane to another. Fortunately, my swerve didn’t result in an accident, but it did ignite a cacophony of horns.
The NPR report dealt with new [...]
by Kara E. Shea
Even though material aspects of Affordable Care Act (ACA ) compliance have been delayed, employers are still scrambling to understand and prepare for compliance with the new regulatory scheme. Early on, compliance has been something of a numbers game because the “play or pay” mandate is limited [...]
by Steve Jones
Many federal employment laws can apply to the hiring process. Even if you are a small business that may not fall under the rules because of a limited number of employees, it’s always recommended that you follow legally compliant policies from the start. When hiring an employee, you should consider both [...]
Employers may be experiencing the nagging dread of age discrimination more frequently these days. Simultaneous to the surge of baby boomers reaching retirement age comes the decision by many to delay their exit from the workforce, setting up a perfect legal storm centered on age discrimination.
Employees who saw their retirement nest eggs dwindle during the [...]
The Equal Employment Opportunity Commission (EEOC) is trying to buck a trend. While government budget cuts have become the norm, the EEOC is requesting for fiscal year 2012 an $18 million increase from 2011. The agency says it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training, among other [...]
by Boyd A. Byers
The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law.
by Reggie Gay
Q: We have a job applicant who worked for us approximately six years ago. There’s nothing negative in her file, but there were some issues with her job performance. Neither of her former supervisors wants to hire her back. She has applied several times and has received rejection letters, but she keeps reapplying. [...]
Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), [...]