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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...]

Expert says office pools can be used to boost morale, but productivity expectations must be clear

March 4th, 2011

As NCAA basketball fans begin to research ESPN for information that could prove useful for their brackets — many on company time — employers are voicing concerns that the madness surrounding bracketology will cause declines in productivity. But Claire Simmers Ph.D., chair and professor of management at Saint Joseph’s University in Philadelphia, believes that if [Read more...]

Employer’s “one-strike rule” denying employment to applicants who test positive for drug or alcohol use did not have an unlawful disparate impact on rehabilitated drug addicts

March 3rd, 2011

Rejecting disparate treatment and disparate impact claims brought under the ADA and California Fair Employment and Housing Act (FEHA) by a former drug addict who was denied a longshoreman’s job, a divided Ninth Circuit panel upheld the Pacific Maritime Association’s “one-strike rule,” which automatically eliminates from consideration job applicants who test positive for drug or [Read more...]