Employee Rights Quarterly articles from June 2002

Employee Rights Quarterly archives from June 2002

From the editor.
June 22, 2002... The Enron scandal shows a need for new rules governing 401(k) and other employee benefits plans. There should be restrictions on the percentage of an employee's 401(k) account that can be invested in company stock. In addition, employees...

Justice, not hate: taking action against job discrimination after September 11.
June 22, 2002... Writing from a perspective forever tinged by his recent Japanese American ancestors' experience during World War II, the author expresses his concern over the scapegoating of the Arab American, Sikh, and Muslim communities in the wake of...

Recent NLRB decisions and other things. (Transcript)
June 22, 2002... After working for employee rights as associate general counsel with the United Auto Workers for almost 30 years, the author held the position of National Labor Relations Board (NLRB) general counsel near the end of the Clinton Administration,...

Sexual harassment and prompt corrective measures: the victim's right to know.
June 22, 2002... Under the well-known Faragher and Ellerth decisions, an employer must take prompt corrective action when confronted with an accusation of sexual harassment. A logical extension of this rule would be a requirement to inform the victim exactly...

Docking do's and don'ts: pilfering from employee paychecks. (Article).
June 22, 2002... Docking paychecks is a practice that has shrunk the wages of employees for decades, and perhaps even centuries. In the following article, the author examines instances of docking and presents a roundup of docking law from around the nation....

Courts of private justice.(pitfalls of mandatory arbitration of employment disputes)
June 22, 2002... Moved by what he views as the overreaching unfairness of the current trend toward mandatory arbitration of employment disputes, the author examines the pitfalls, shortcomings, and injustices he sees in arbitration, which lacks the due process...

Federal environmental whistleblower complaints.
June 22, 2002... Many federal environmental statutes make use of anti-retaliation provisions to elicit employee help in law enforcement and to provide protection for employees who blow the whistle on harmful and illegal employer activities. This article...

Case preparation for Title VII plaintiffs.
June 22, 2002... This article is a primer on how to enforce a claim of discrimination under Title VII of the Civil Rights Act of 1964. The author, a seasoned employee-side practitioner, focuses on methods of proving discrimination and fashioning remedies for...

The top ten mistakes lawyers make in employment law mediations.
June 22, 2002... Starting with the premise that employment law mediation practice, and mediation technique in general, are not closely scrutinized, the author compiled comments from master mediators around the country in an attempt to focus on the mistakes...

"Gimme a demand" or the cliches we live by: a farce in one act. (settlement of employment lawsuits)
June 22, 2002... Negotiation is a mysterious art. In this article, the author-playwright presents a satire of the language and negotiating antics of trial lawyers, their cajoling, threats, candor, flattery, deadlines, and still more threats, all of which...

Recent court cases: Eleventh Circuit creates conflict. (decisions in employment law cases create splits of authority among federal Courts of Appeals)
June 22, 2002... Cases force the Eleventh Circuit to review the boundaries of the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act (ADEA). ********** Recently, the Eleventh...

Legislative and regulatory watch: EEOC responds to September 11.
June 22, 2002... The EEOC is recovering from the destruction of its New York headquarters in the terrorist attack of September 11, 2001. It is combating the backlash of discrimination against Arab Americans and Muslims in the workplace and is assisting...

Message to management: the top ten ways to guarantee employee lawsuits.
June 22, 2002... Faced with a seemingly endless flood of litigation, employers often wonder what can be done to stem the tide. The author of this article, tongue firmly in cheek, has provided ten ways management can generate even more such claims. Under each...

Nickel and Dimed: On (Not) Getting by in America.
June 22, 2002... Ehrenreich's incognito odyssey through the poverty of the low-wage workforce presents an unusual peek into the working-class wisdom found beneath the yoke of employer dictatorship. That wisdom rings all the more true because it comes from...