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Supreme Court: Proximate cause analysis applied to USERRA “cat’s paw” case; Seventh Circuit decision using “singular influence” standard overruled

March 2nd, 2011

If a supervisor performs an act motivated by anti-military animus, and if that act is a proximate cause of the ultimate adverse employment action, then the employer is liable under USERRA, the Supreme Court held today, in ruling on a case in which a U.S. Army reservist relied on the “cat’s paw” theory of liability [Read more...]

Weight loss and stress reduction top the list of employee wellness concerns for 2011

March 2nd, 2011

More than one-third of employees said weight loss was their top health concern this year, according to a Tell It Now(SM) poll released by ComPsych Corporation. Some 23 percent of employees said stress was their main health issue. “With more and more individuals slipping into the overweight category, it’s no surprise that weight management is [Read more...]

Former Levi Strauss employee may proceed with age discrimination claim; company awarded summary judgment on retaliation allegation

March 1st, 2011

Conflicting evidence regarding whether a former employee of Levi Strauss and Company who was replaced by a man 16 years his junior was terminated in a reduction of force or instead was a victim of age discrimination, created material questions of fact that are properly reserved for a jury, ruled a federal district court in [Read more...]

Study shows worksite wellness programs slowed health care cost growth

March 1st, 2011

A Highmark Inc. study published in the March/April edition of the American Journal of Health Promotion found that health care costs rose at a 15 percent slower rate among wellness participants than a comparison group when employers consistently offered a wellness program to their employees. The four-year study showed that the savings per participant was [Read more...]

Arbitration provisions unconscionable; trial court properly refused employers’ efforts to enforce agreement

February 28th, 2011

Arbitration provisions in independent contractor agreements were unconscionable and, therefore, a trial court properly denied a petition by employers seeking to enforce those provisions in order to arbitrate gender and sexual harassment complaints filed by the plaintiffs, a California appeals court ruled in affirming the trial court (Wherry v Award, Inc, February 9, 2011 [certified [Read more...]