More Confusion with Review of ERISA Denial of Benefits

In taking the case of Metlife v. Glenn, the Supreme Court attempted to bring some clarity to ERISA denial of benefit cases when the insurer is both the one to determine the benefits and pay them. Instead, things are now…

Owner of LLC Cannot Sue Another Business For Discrimination Under Minn. Law

Friend of the blog, Jack Sargent poses this question: guess who loses what happens when gross sexual discrimination meets statutory construction in the Minnesota Court of Appeals? Minnesota public radio provides the report of the decision in Krueger v. Zeman…

How to Bail Out Truckers and Lawyers

Steven Pearlstein has an interesting column in the Washington Post discussing ways to reduce some of the sting in the labor market during a recession. As Pearlstein notes, an alternative to significant layoffs during downturns in the labor market is…

SSRN Top-10 List of Recent Employment & Labor Downloads

David C. Yamada, Workplace Bullying and Ethical Leadership (525). Anup K. Basu, Alistair Byrne, & Michael E. Drew, Dynamic Lifecycle Strategies for Target Date Retirement Funds (163). Francine J. Lipman, The Undocumented Immigrant Tax (144). David C. Yamada, Human Dignity…

Secunda On Retaliation Against Medical Benefits Claims

Our own Paul Secunda was recently quoted in the Chicago Tribune on a disturbing case in which it is alleged that an employee was terminated to avoid the medical claims made on behalf of her terminally ill husband. The employer…

DOL Guidance on RFRA and Faith-Based Groups

During the holiday period, December 30th to be exact, the Department of Labor issued a guidance on how the Religious Freedom Restoration Act (RFRA) applies to faith-based organizations. Although RFRA has been found not to apply to the states, it…

Is a Stammer a Disability . . .

. . . requiring an employer to forgo a job interview? No, says the U.K. Employment Appeal Tribunal. The decision is HM Land Registry v. Wakefied, Appeal No. UKEAT/0530//07/ZT, available for downloading over at PJH Law Blog. rb

Euphemisms for Getting Fired

From Lucy Kellaway at yesterday’s Financial Times: In recognition of the economic climate the judges [for the world’s top purveyors of business twaddle] are giving a special award this year for Best Term For Sacking People. An honorary mention goes…

Hirsch on Starbucks Union Case

Co-blogger Jeff Hirsch (Tennessee) is quoted in today’s Seattle Times on yet another unfair labor practice case against Starbucks: The union lumps keep coming for Starbucks, which was thumped by the National Labor Relations Board (NLRB) last month for unfair…

Fired by Facebook

Although just bad practice in the United States, Minna Kotkin (Brooklyn) brings to my attention a case in Canada where the cavalier nature of a firing may lead to bad faith damages being awarded against the offending employer. Carolyn Elefant…

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