This document does not contain the full text of all provisions that may bear upon a particular issue. Rather, it contains specific portions of each of three forms of construction contract general conditions assembled for purposes of comparison and discussion. ACKNOWLEDGMENTS The American Institute of Architects 1735 New York Ave., NW Washington, DC 20006-5292 ConsensusDOCS™ […]
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Hostile Work Environment Claims – They’re Not Just for Employees Anymore.
In May, 1999, the First Circuit Court of Appeals expanded the statutory basis upon which hostile work environment claims may be asserted by concluding that such claims are not only available to employees under Title VII, but are also available to minority independent contractors under provisions of the original Civil Rights Act of 1866, as […]
The Law Giveth and the Law Taketh Away: Invalidating Claim Release Agreements in Age Discrimination Cases.
Bennett v. Coors Brewing Company, Case No. 97-119597-1221 Tenth Circuit Court of Appeals. The Bennett case that is the subject of this article was decided by the Tenth Circuit Court of Appeals. The case is pertinent to Oklahoma employers because Oklahoma is within the jurisdiction of the Tenth Circuit. The position taken by the court […]
TRAITORS IN THE WORKPLACE: HOW NEGATIVE PERFORMANCE EVALUATIONS CAN BE USED AGAINST EMPLOYERS
In the recent case of Toth v. Gates Rubber Co., the Tenth Circuit Court of Appeals set out a framework for assessing retaliation and discrimination claims. Perhaps of equal importance, the Court considered the rather unique question of whether a negative performance evaluation can serve as evidence against you as an employer, in a retaliation […]
Calculating the overtime rate for employees paid on a day-rate basis – Are there benefits to employers in paying day rate?
All employers are familiar with the overtime calculation required by the Fair Labor Standards Act for non-exempt employees paid on an hourly basis. Many less are familiar with that calculation when made in the context of employees paid on a “day-rate” or “job-rate” basis. Even among those employers that are familiar with the “day-rate” payment […]
