 | The Human Resource Newsletter |  | | April 18, 2011 FindLaw.com Human Resources Newsletter |
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NEW & NOTEWORTHY: BACKGROUND CHECKS DO'S AND DON'T'S
(FindLaw's Free Enterprise) - Background checks are an important hiring tool, helping you net the best applicant and fend off any future lawsuits. They, however, come with a few legal constraints of their own, and are subject to privacy rules, disclosure requirements, and federal discrimination laws. To help you navigate the world of background checks, here are our top "do's" and "don'ts."
| AIR CONTROLLERS TO GET 9 HOURS OF REST, UP FROM 8
(AP) - The government said air traffic controllers would have more time to rest between shifts under new work rules announced Sunday, while Transportation Secretary Ray LaHood made clear he won't tolerate dozing off despite studies and expert recommendations that suggest scheduled sleep can help combat fatigue. "On my watch, controllers will not be paid to take naps. We're not going to allow that," LaHood said.
| WAL-MART TO PAY $440K IN CALIF. HARASSMENT SUIT
(AP) - Wal-Mart Stores Inc. has agreed to pay $440,000 to settle a federal harassment lawsuit by 10 employees who say they endured ethnic slurs and derogatory remarks on a daily basis while working at a Sam's Club store in Fresno, Calif. Wal-Mart owns and operates Sam's Club.
| JUDGE DISMISSES 1 SUIT CHALLENGING WIS. UNION LAW
(AP) - A judge has dismissed one of three lawsuits challenging Wisconsin's divisive law that restricts union collective bargaining rights. Dane County Circuit Judge Maryann Sumi (SOO'-mee) on Thursday dismissed a lawsuit filed by Democratic Dane County Executive Kathleen Falk. The judge says Falk doesn't have standing to sue because state law forbids an agency or arm of government like a county to challenge the constitutionality of state laws.
| JOB OPENINGS RISE TO HIGHEST POINT SINCE SEPT.'08
(AP) - Businesses in February posted the largest number of job openings in more than two years, evidence that hiring is picking up as the economy grows. The Labor Department says employers advertised 3.1 million available jobs that month, the most since September 2008. That was the height of the financial crisis, when Lehman Brothers collapsed.
| MORE PEOPLE APPLY FOR UNEMPLOYMENT BENEFITS
(AP) - More people applied for unemployment benefits last week, the first increase in three weeks. Still, the broader trend points to a slowly healing jobs market. The government says applications for unemployment benefits rose 27,000 to a seasonally adjusted 412,000 for the week ended April 9. That left applications at their highest point since mid-February.
| BLOOD TIES UNITE WIS. BROTHERS IN UNION BILL FIGHT
(AP) - Wisconsin Gov. Scott Walker turns to a pair of Irish Catholic brothers when he needs to get something done in the Legislature - including passing a law eliminating most public employees' union rights. Scott and Jeff Fitzgerald hold the top two legislative posts in the state, and they say their success is due to blood as much as political skill.
| RESCUERS WORK THROUGH NIGHT TO FIND IDAHO MINER
(AP) - Rescuers worked Sunday to reach a miner caught in an Idaho cave-in more than a mile underground, and anxiously awaited the arrival of a remote-control digger that will allow them to tunnel more quickly and safely through unstable earth. The roof of a tunnel at the northern Idaho silver mine collapsed as two brothers were working, trapping one of the men but the other was able to escape, according to officials and family members.
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CASE SUMMARIES: WILLS V. SUPERIOR COURT OF ORANGE COUNTY, G043054
(CA Ct. App.) - In a dispute involving the scope of the Fair Employment and Housing Act (FEHA), summary judgment in favor of the defendant is affirmed where plaintiff failed to exhaust her administrative remedies as to five of her six causes of action, and the remaining cause of action fails because an employer may reasonably distinguish between disability caused misconduct and the disability itself when the misconduct includes threats or violence against coworkers.
| BOBADILLA-GERMAN V. BEAR CREEK ORCHARDS, INC., 10-35205
(U.S. 9th Cir.) - In a labor dispute involving whether certain on-site housing costs of seasonal farm workers can be credited toward the minimum wage set by state statute, judgment of the district court is affirmed in part and vacated in part because on the facts of the case, on-site housing costs cannot be credited toward the minimum wage and where workers were entitled to pay the last workday, rather than the following day.
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