I am finally catching up on some of the stories I wasn't reading while on vacation, and here's another one, very timely if you're reading this on Wednesday, even though it was posted two weeks ago. It's from the good folks at Lynch Ryan their blog, Workers' Comp Insider: Eye safety and eye health on the job.
The reference to Wednesday -- more eye injuries occur on the job on that day than any other.
There are not many things that I am more squeamish about than my eyes (I could never wear contacts; thank goodness for lasik). According to the story, 2,000 people a day suffer eye injuries. Ouch!!
There is FMLA Expansion and Then There Is FMLA Expansion
As I mentioned in an earlier post, I am doing a speech at the SHRM national convention on the potential impact of the 2008 elections. One of the areas I will be covering is possible expansion of the FMLA. But those bills are pikers compared to what was offered in the Connecticut legislature. Thanks to Daniel Schwartz at the Connecticut Employment Law Blog for his post, The Right to Attend Opening Day at Yankee Stadium...and Get Paid by Your Employer.
Actually it was better than just opening day, it was also for the first day of summer, and also "the first day of a sport-fishing or hunting season authorized pursuant to chapter 26 of the general statutes." But apparently it was more of a satirical offering by some Republicans opposed to paid leave than a serious offer.
I think what is scary is that I wasn't sure that it was not a serious offer until I read Daniel's post.
Actually it was better than just opening day, it was also for the first day of summer, and also "the first day of a sport-fishing or hunting season authorized pursuant to chapter 26 of the general statutes." But apparently it was more of a satirical offering by some Republicans opposed to paid leave than a serious offer.
I think what is scary is that I wasn't sure that it was not a serious offer until I read Daniel's post.
Bush Era Ending Sooner Than You Think
At least from an administrative standpoint. Although one of the Bush countdown timers shows 246 days as of this writing, a memorandum from his Chief of Staff Josh Bolton sent to the heads of federal agencies sets an earlier end point for administrative regulations. According to the website OMB RegWatch article, Bush Sets Policy on Midnight Regulations Bolton wrote:
One of the most notable was a change in federal procurement laws issued on December 20, 2000 and effective January 19, 2001 (one day before President Bush was to be sworn in) which would have implemented the so called "blacklisting regulations" which would have given federal contracting officers the power to bar employers who had erred too frequently in complying with tax, labor, employment, environmental, antitrust or consumer protection laws.
Although published as a fait d'accompli on December 20 in Federal Acquisition Circular 97-21, they were first suspended then ultimately repealed by the Bush Administration.
Without regard of the merits, it would be nice if we could all agree that Bolton's memorandum if carried out, is certainly a more civil, one might say democratic way of approaching the end of a Presidential administration.
Hat tip to the folks at the DLR for spotting the story.
The memo has more resonance today with me than it might have a few days ago as I just was reviewing some of the last minute actions taken in the Clinton administration for a speech I will be giving at the 60th Annual SHRM Convention in Chicago this summer on the possible impact of the 2008 elections.Except in extraordinary circumstances, regulations to be finalized in this Administration should be proposed no later than June 1, 2008 and final regulations should be issued no later than November 1, 2008.
One of the most notable was a change in federal procurement laws issued on December 20, 2000 and effective January 19, 2001 (one day before President Bush was to be sworn in) which would have implemented the so called "blacklisting regulations" which would have given federal contracting officers the power to bar employers who had erred too frequently in complying with tax, labor, employment, environmental, antitrust or consumer protection laws.
Although published as a fait d'accompli on December 20 in Federal Acquisition Circular 97-21, they were first suspended then ultimately repealed by the Bush Administration.
Without regard of the merits, it would be nice if we could all agree that Bolton's memorandum if carried out, is certainly a more civil, one might say democratic way of approaching the end of a Presidential administration.
Hat tip to the folks at the DLR for spotting the story.
Heat A Few Steps Closer in Georgia
That's heat, as in "packing heat" as Georgia becomes the latest state to allow licensed gunholders to bring their guns with them to an employer's parking lot. The Business Security and Employee Privacy Act which passed both Houses of the Georgia legislature was signed on May 16 by Governor Perdue.
City of Brotherly Love? Not Always, At Least Not in the Police Department
When former Philadelphia Mayor, now Pennsylvania Governor, Ed Rendell was quoted as saying that some voters might not be ready to vote for a black candidate before the Keystone state's Democratic primary, some just thought it a bit of a political gaffe, but it may have been he just had some extraordinary insight based on his past experiences.
Or at least you could draw that conclusion from the story behind Friday's Philadelphia Inquirer headline, 3 ex-Phila. police officers win $10 million judgment. The case was reporting the result of a federal court jury verdict in favor of three former white policeman who convinced a jury that they had been retaliated against because they protested how the police department was treating black officers. The awards to the three were for $2,$3 and $5 million.
One interesting note -- the case had originally been thrown out on summary judgment. In reversing the case and sending it back for trial, the 3rd Circuit prophetically wrote:
One small but critical point, the headline references a $10 million "judgment." What the story speaks about however is not a judgment, but a verdict. The difference -- a judgment is a finding that you have to pay, once it becomes final; a verdict, is a jury's decision that after post-trial review by the Court, can be turned into a judgment. It's a key distinction, and although a $10 million dollar verdict is bad, and could possibly turn into a $10 million judgment, there is still quite a ways to go.
Still, the point remains whatever the final outcome, this was yet another case where a jury clearly was angered by what they believed happened. You can't necessarily take a verdict to the bank, but as an employer, you certainly should take it to heart.
Or at least you could draw that conclusion from the story behind Friday's Philadelphia Inquirer headline, 3 ex-Phila. police officers win $10 million judgment. The case was reporting the result of a federal court jury verdict in favor of three former white policeman who convinced a jury that they had been retaliated against because they protested how the police department was treating black officers. The awards to the three were for $2,$3 and $5 million.
One interesting note -- the case had originally been thrown out on summary judgment. In reversing the case and sending it back for trial, the 3rd Circuit prophetically wrote:
We find that a jury might well believe that their supervisors made their lives the 'living nightmare' one supervisor promised as payment for opposing unlawful discrimination.Reading the 41 page opinion will give you a feel for the kind of facts that led at least this jury to make its multi-million dollar finding. Moore v. City of Philadelphia (3rd Cir. 2006)[pdf].
One small but critical point, the headline references a $10 million "judgment." What the story speaks about however is not a judgment, but a verdict. The difference -- a judgment is a finding that you have to pay, once it becomes final; a verdict, is a jury's decision that after post-trial review by the Court, can be turned into a judgment. It's a key distinction, and although a $10 million dollar verdict is bad, and could possibly turn into a $10 million judgment, there is still quite a ways to go.
Still, the point remains whatever the final outcome, this was yet another case where a jury clearly was angered by what they believed happened. You can't necessarily take a verdict to the bank, but as an employer, you certainly should take it to heart.
So Many MDV's; So Few Posts
Although posting has been skimpy in general recently, I have been particularly lax on reporting on million dollar verdicts. Unfortunately, it is not that they have gone away, I just have not been a good reporter.
Perhaps I will catch up with them in the coming weeks as well as do updates on some that I have written about earlier. The latter is often a much harder job as the most newsworthy point of most such cases is the day the jury verdict is returned before the the rest of the legal process comes into play. Although the results are often dramatic, they rarely get reported.
In any event, the first reported in some time is a familiar fact pattern. Report of alleged wrongdoing by the company, suspension on the same day and termination less than 2 weeks later. The timing argument is a tough one to overcome, and the newspaper story, Jury awards Orkin termite technician $5.1M in whistle-blower suit doesn't have enough information to understand what the company's reason for the termination was. Clearly the jury didn't understand it either.
Plaintiff's counsel thought it was the largest verdict to date under the New Jersey Conscientious Employee Protection Act. One slight twist to this case was that four of the five million award was for emotional damages and just slightly over a million for punitive damages.
Perhaps I will catch up with them in the coming weeks as well as do updates on some that I have written about earlier. The latter is often a much harder job as the most newsworthy point of most such cases is the day the jury verdict is returned before the the rest of the legal process comes into play. Although the results are often dramatic, they rarely get reported.
In any event, the first reported in some time is a familiar fact pattern. Report of alleged wrongdoing by the company, suspension on the same day and termination less than 2 weeks later. The timing argument is a tough one to overcome, and the newspaper story, Jury awards Orkin termite technician $5.1M in whistle-blower suit doesn't have enough information to understand what the company's reason for the termination was. Clearly the jury didn't understand it either.
Plaintiff's counsel thought it was the largest verdict to date under the New Jersey Conscientious Employee Protection Act. One slight twist to this case was that four of the five million award was for emotional damages and just slightly over a million for punitive damages.
Unintended Consequences; Maybe Not
Last Wednesday, the Michigan Supreme Court agreed with a lower appellate court that a 2004 amendment to the Michigan Constitution barred governments and state colleges from providing benefits to same sex partners of its employees. National Pride at Work Inc. v. Governor of Michigan (Mich. 5/7/08) [pdf]. My first thought was -- another case of unintended consequences, which quite often seems to be a by-product of legislation, particularly legislation passed in haste.
However, a little more digging indicates that may well not be the case. Although voters were apparently told that the amendment was not about rights or benefits that obviously turned out not to be true. And a reading of the amendment itself:
As an editorial from the Grand Rapids Press points out, the six words set out in bold obviously were put there for a purpose. Same-sex benefits: right ruling, wrong message. And now that purpose has shown itself.
The ruling should not impact private sector employers in the state who remain free to do as they wish with respect to this issue.
A hat tip to soon to be Marquette professor Paul Secunda at Workplace Prof Blog for his post, Same Sex Benefits Defeated in Michigan.
However, a little more digging indicates that may well not be the case. Although voters were apparently told that the amendment was not about rights or benefits that obviously turned out not to be true. And a reading of the amendment itself:
To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.makes it pretty clear that the Supreme Court probably had little choice but to rule the way it did.
As an editorial from the Grand Rapids Press points out, the six words set out in bold obviously were put there for a purpose. Same-sex benefits: right ruling, wrong message. And now that purpose has shown itself.
The ruling should not impact private sector employers in the state who remain free to do as they wish with respect to this issue.
A hat tip to soon to be Marquette professor Paul Secunda at Workplace Prof Blog for his post, Same Sex Benefits Defeated in Michigan.
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