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Employer’s refusal to calculate service member’s differential pay on a per diem basis didn’t violate USERRA

March 8th, 2011

A service member who alleged his employer improperly calculated his differential pay while he was deployed to active service in Iraq was unable to state a USERRA claim, the Seventh Circuit held, affirming a summary judgment ruling that the employer’s handling of his military deployment did not violate the Act (Gross v PPG Indus, Inc, [Read more...]

Gender make-up on corporate boards increases access to top executive positions for women

March 8th, 2011

Despite continued gains in low to mid-level management positions, women still struggle to break through the corporate glass ceiling for coveted top management positions. Today, women account for nearly half of the nation’s overall workforce but hold only 6 percent of corporate CEO and high-level executive roles. New research from the Kellogg School of Management [Read more...]

Employer can’t alter or reduce retirees’ vested health care benefits without bargaining with union

March 7th, 2011

In a decision on remand from the Sixth Circuit, a federal district court in Michigan determined that an employer could not unilaterally impose changes to the vested health care benefits of retirees (Reese v CNH Global NV, March 3, 2011, Duggan, P). Absent a negotiated agreement, the benefits could not be modified regardless of how [Read more...]

Recession has cost economy higher-paying jobs; current recovery not replacing them

March 7th, 2011

According to a report by the National Employment Law Project, the American economy has replaced jobs lost during the recent recession with lower-paying jobs, suggesting that workers struggling to enter the job market will find continued inhospitable terrain. A Year of Unbalanced Growth indicates that lower-wage industry jobs have constituted the bulk of the jobs [Read more...]

Summary judgment premature in discrimination, wrongful discharge suit in light of employer’s stonewalling tactics in discovery

March 4th, 2011

A district court erroneously granted summary judgment in favor of Merck in a wrongful discharge, discrimination, and breach-of-contract action brought by a former sales manager under Puerto Rico law, the First Circuit held (Baltodano v Merck, Sharp & Dohme (I.A.) Corp, March 3, 2011, Thompson, O.R). Because the employer’s dilatory tactics prevented the plaintiff from [Read more...]