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Posts by Joe Boone

Bullying: An Occupational Health and Safety Hazard

When one thinks of a hazard at a workplace what may come to mind are falls from heights or getting caught in a pinch point of industrial machinery. In general we think of something that is traumatic and may cause a physical injury such as a broken arm or leg, concussion or even death. But…

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First Circuit: Age May Be Just a Number

Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit, with appellate jurisdiction over the district courts in the District of Maine, District of Massachusetts, District of New…

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No Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at Hearing

It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number of exceptions to employment-at-will. For example, an employer may not discharge an employee for complying with a subpoena to provide testimony in…

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Very Interesting! EEOC Releases Official FY2018 Charge Statistics

Most charges were down, but sex harassment, LGBT charges were up. Last week, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through September 30, 2018. According to Law360, EEOC charges in FY 2018 were at their lowest level since 2006. Yes, 2006. When George…

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COBRA Noncompliance Can Be Costly

Now is a good time for employers to review their COBRA procedures or check with their COBRA vendors about documentation processes given a recent case out of the Southern District of Ohio. In Morehouse v. Steak ‘n Shake, Inc., the court held that the company violated its obligations under COBRA after failing to provide an…

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Deadline of September 30, 2019 Proposed for EEO-1 Comp Data

Start gathering that comp data, if you haven’t already. I have written before about the court order directing the Equal Employment Opportunity Commission to require employers to submit compensation data with their annual EEO-1 reports. The order came about in a lawsuit filed against the federal Office of Management and Budget and the EEOC by…

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