Friday, March 28, 2008

What else I'm reading this week #24

One story that has received a lot of press this week, but that I have not touched, is the $100 million tip pooling judgment received by Starbucks lead employees. This claim seems to be unique to California wage and hour laws, which requires all employees, even supervisors, to receive their fair share of tips. Kris Dunn, The HR Capitalist, has what is probably the best take I've read on this case.

Mark Toth over the Manpower Employment Blawg, however, has the post of the week. Click on over to read about a grievance filed by the Teamsters complaining that a school had violated its collective bargaining agreement by using goats instead of union workers to clear brush.

Dan Schwartz at the Connecticut Employment Law Blog writes about the "ministerial exception" to Title VII and a case in the 2nd Circuit which held that it is unconstitutional to apply Title VII to certain religious institutions.

Rush Nigut's Rush on Business asks whether it is a good idea for employers to permit employees to start side businesses.

The Washington Labor, Employment, and Employee Benefits Law Blog reports on criminal charges brought against an employee who took company documents. In a bizarre twist, the employee is actually blogging about his own criminal trial. Keep in mind that civil liability also exists under the Computer Fraud and Abuse Act for employees who intentionally damage computer records.

Suits in the Workplace illustrates the dangers of ignoring a litigation hold in discovery.

Finally, the Labor and Employment Law Blog has a piece on how to use corporate wellness programs not only to reduce health care costs, but also limit potential liability.