Department of Labor Gets New Leader - Hilda Solis

The US Department of Labor promotes the welfare of job seekers, wage earners, and retirees by improving working conditions, advancing opportunities for profitable employment, protecting retirement and health care benefits, helping employers find workers, strengthening free collective bargaining.

It also tracks changes in employment, prices, and other national economic measurements.

Carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.

President Obama nominated Secretary Hilda Solis as Secretary of Labor, and she was confirmed last week on February 24, 2009. Before that she served as a member of Congress. In Congress, Solis’ priorities included expanding access to affordable health care, protecting the environment, and improving the lives of working families. A recognized leader on clean energy jobs, she authored the Green Jobs Act which provided funding for “green” collar job training for veterans, displaced workers, at risk youth, and individuals in families under 200 percent of the federal poverty line.

A nationally recognized leader on the environment, Solis became the first woman to receive the John F. Kennedy Profile in Courage Award in 2000 for her pioneering work on environmental justice issues. Her California environmental justice legislation, enacted in 1999, was the first of its kind in the nation to become law.

Whitney Traylor Speaks: Progressive Talk AM 760 Today

Don't miss this radio show tonight!

Mr. Whitney Traylor, esteemed Denver-based civil rights attorney, author, and professor will be speaking with Ms. Gloria Neal on Progressive Talk AM 760 today from 6 p.m. to 7 p.m.

Tonight's host Gloria Neal brightens up Denver's morning CBS4 TV newscasts with her lively reports that give viewers a close up look at what's happening in the city each weekday. Gloria deals with everything from politics and potholes to scams and the scandalous so if you're thinking about it, she's talking about it! Check out Glo's Honey Hush for stories she says might just leave you speechless.

Guest Whitney Traylor delivers messages of hope and inspiration to audiences throughout the nation, and his presentations have empowered his listeners for more than ten years. Proud father of daughter Kameelah, Whitney offers compelling advice for fathers across the country.

Whitney’s recent book, “DAD Under Construction,” has been received with overwhelming enthusiasm. "Whitney Traylor has crafted a powerful revealing memoir which pulls back the facade on the male psyche and presents an intimate portrait of a son emerging as a father determined to break the cycle of neglect. This is an inspiring thought provoking book; a must have for all men interested in understanding themselves." Rev. Otis B. Moss III, M. Div Pastor, Tabernacle Baptist Church, Augusta, GA.

A practicing attorney and professor at Metropolitan State University, Whitney has unique insights into the legal and political environment. He has won every jury trial he has ever tried in district and federal courts, including winning one of the largest sexual harassment and retaliation verdicts in Colorado history, a $3.175 million jury verdict in a case he tried with Kimberlie Ryan on behalf of their clients Roberta Pulse and Tonya House in their lawsuit against The Larry H. Miller Group. The award was later reduced under statutory caps, and the case is still pending. Whitney and Kim also won a $300,000 jury verdict in a race harassment case against Sara Lee, Inc. involving derogatory racist workplace graffiti.

Tonight you can expect Glo and Whitney to hit hot-button issues in law and politics, and you will undoubtedly hear inspiring and intriguing thoughts from two of Denver's own top talents. Tune in to Whitney Traylor and Gloria Neal tonight on Progressive Talk AM 760 at 6 pm.

Car Dealership Sued for Sexual Harassment and Retaliation

Another auto dealership has settled a sexual harassment case rather than facing a jury trial for harassment and retaliation.

Murphy Ford Inc. will pay $244,000 to settle a sexual harassment and retaliation lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC), announced recently. The dealership is located in Chester, Pa. and operates under the name Murphy Ford Lincoln Mercury Murphy Ford Inc.

Murphy Ford and its service manager sexually harassed three female employees and fired one woman for complaining about the unlawful harassment, according to the EEOC lawsuit.

The service manager’s harassment included sexually explicit comments and grabbing his private parts in their presence, according to the federal court complaint. The EEOC said that despite the female worker's complaints to the owner and dealership management, Murphy Ford did nothing to stop the harassment. Instead, the EEOC said that the dealership retaliated against her by suddenly firing her.

The EEOC filed suit after first attempting to reach a voluntary settlement.

The seven-year consent decree settling the suit provides $206,500 to one of the female workers, who was also represented by private counsel, Edith A. Pearce. The consent decree contains significant remedial relief, including a provision that Murphy Ford train managers and supervisors regarding Title VII’s legal requirements annually for the seven-year duration of the consent decree.

“Internal complaints about unlawful harassment give the employer the chance to correct problems before they turn into lawsuits,” said EEOC Acting Regional Attorney Debra Lawrence.

“This case should remind employers that they have an obligation to take prompt and effective measures to stop harassment in the workplace. If the employer instead does the wrong thing and terminates an employee who complains about harassment, then the EEOC will take action.”

Another auto dealership that advertises itself as "one of the largest privately owned companies in the United States" recently lost a sexual harassment jury trial in Denver. The jury verdict was reduced to statutory caps, but the case is still pending against The Larry H. Miller Group.

Colorado employment lawyer Kimberlie Ryan and her co-counsel Whitney Traylor won the $3.175 million jury verdict in Colorado for sexual harassment and retaliation against The Larry H. Miller Group in 2007.

Going Solo? Kim's Weekly Blog Pick - Susan Cartier Liebel

As Big Law firms reel from the economic downturn, lawyers across the country are deciding to fly solo.

I made the break from Big Law more than 10 years ago, and lawyers often approach me asking how to do it.

With the right amount of guts, determination, and moxy (is that the same thing as guts?), many attorneys have found that they can live their dream by working on their own.

I have often referred these seekers to Susan Cartier Liebel's Build a Solo Practice blog. There, she provides invaluable practical tips for solo practitioners, and I particularly enjoy the forum she has provided for experienced attorneys to share their journeys. You'll see guest columns including "Passed the Bar: Hung a Shingle," "Going Solo, Confessions and Inspirations," and "Living Proof Home Office Lawyering Works."

With a strong background in advertising and marketing, Susan opened her own law practice in 2001. She also taught law students how to open their own practices at Quinnipiac University School of Law in Hamden, Connecticut.

Susan's most recent venture is Solo Practice University, a web-based educational community that Susan says "picks up where your law school education left off."

She is creating a collaboration between lawyers across the country who will teach web based courses, including "How to Effectively Use Virtual Assistants," "Staying at Home and Staying in the Law," and substantive topics such as bankruptcy law and litigation. She has created the Solo Practice University E-Zine, a free newsletter for "law students, new lawyers, and Big Law Defectors."

If you're contemplating flying solo, you should definitely check out Susan Cartier Liebel's blog!

Art Credit: Guido Daniele, awe-inspiring Italian multimedia artist and body painter.

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Texting at Work? Twittering Lawmakers in the Digital Age

Certain lawmakers text-messaged during President Obama's speech to the joint session of Congress last night, according to recent reports.

Some argue that this disrespected the President, while others think the Twittering-lawmakers used technology appropriately to keep their constituents up to date with the latest breaking developments.

A hot-button issue, technology at work has kept plenty of lawyers busy. One recent disciplinary action involved a worker whose company reprimanded her for texting during a meeting. She thought she was doing the right thing by immediately responding to an issue raised during the meeting. Her boss thought she was acting bored and disrespectful.

Are timing and context key here? Does the content of the text messages make a difference? Or is the act of texting during a meeting insubordination? What do you think?

Photo credit: White House photo 2/24/09 by Joyce N. Boghosian; Subscribe to Kimberlie Ryan's Working Wellness

Show Me the Money - Stimulus Funds Going Where?

We've been following the impact of the stimulus law signed by President Obama in Denver last week. Where are the funds going?

Recovery.gov is a website that lets you, the taxpayer, see where the money from the American Recovery and Reinvestment Act is going.

The money is being distributed by Federal agencies, and according to the federal government, soon you'll be able to see where it's going -- to which states, to which congressional districts, even to which Federal contractors. There are going to be a few different ways to search for information. As soon as they are able to, they'll display that information visually in maps, charts, and graphics. For now you can see stimulus timelines, charts, and frequently asked questions.

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Stimulus Impacts Some Executive Compensation

More on the Stimulus. In addition to providing tax credits and spending for jobs, The American Recovery and Reinvestment Act imposes new restrictions on executive compensation for the financial institutions receiving federal funds.

Here's Kim Ryan's 9News interview by Gary Shapiro today discussing the stimulus.

The stimulus law includes three key components relating to executive compensation: 1) restrictions on executive bonuses and golden parachutes; 2) establishment of compensation boards; and 3) limits on luxury expenses.

Compensation restrictions. This provision applies to financial institutions receiving federal funds, called TARP recipients (Troubled Assets Relief Program). The limits depend on the amount of funds received under TARP and generally provide that top earners cannot receive stock bonuses that are more than 1/3 of their total amount of annual compensation while their obligations to TARP are outstanding. The stock can only be redeemed when the government funds have been repaid. This limitation does not apply bonus payments based on written employment contracts signed on or before Feb. 11, 2009.

Nevertheless, the law provides that the SEC can review compensation for entities that received assistance before the stimulus law was passed. The SEC can determine whether any such payments to top executives were inconsistent with the purpose of the law or against the public interest. If the payments were inappropriate, the SEC may seek reimbursement of the compensation paid out.

Senior executive officers may not take "unnecessary and excessive risks" that threaten the value of the institution while they are receiving funds under TARP. The law also contains a provision allowing for the recovery of bonuses or incentive compensation for the most highly-compensated employees if the statements of earnings are later found to be materially inaccurate.

TARP recipients may not provide golden parachute payments to a senior executive officer or any of the next 5 most highly compensated employees while their TARP obligations are outstanding. Golden parachute payments are defined as any payment to a senior executive officer for departure from a company for any reason, except for payments for services performed or benefits accrued.

Compensation boards. The law also requires TARP recipients to establish Board Compensation Committees, comprised entirely of independent directors, for the purpose of reviewing employee compensation plans. They must meet at least twice a year to discuss and evaluate employee compensation plans in light of an assessment of any risk these plans pose to the TARP recipient.

Limits on luxury expenses. The board of directors of any TARP recipient shall implement a company-wide policy regarding excessive or luxury expenditures, which may include limits on spending for:

1) entertainment or events;

2) office and facility renovations;

3) aviation or other transportation services; or

4) other activities or events that are not reasonable expenditures for staff development, reasonable performance incentives or other similar measures conducted in the normal course of the business operations.

The CEOs and CFOs of these companies are required to provide a written certification of compliance with the law. The federal Securities and Exchange Commission must issue final rules and regulations within one year.

To see the text of the law, go here. For more information on employment law, see www.kimberlieryan.com

Female Truck Drivers Awarded $475,000 and Jobs

This is an interesting failure to hire case and highlights ongoing discrimination against women in previously male-dominated jobs.

Do you think this case arose because of sex-based stereotyping in the truck driving industry?

Robertson Sanitation, a Phoenix-based trash hauling, recycling and disposal company operating in Georgia will pay $475,000 to settle a sex discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced this week. According to the EEOC’s suit, Jeanine Moore applied for a truck driver position with Robertson at its Winder, Ga., facility in August 2005.

Although she was more qualified than a number of male applicants who were hired, the company never even gave her an interview or an offer. Investigation of Moore’s allegations revealed that the company also rejected several other similarly qualified women.

The consent decree settling the suit provides for $475,000 in monetary relief to the class of qualified female applicants who were discriminatorily rejected for employment between January 1, 2005 and October 31, 2006. Moore will receive $70,000 in damages while the remaining funds will be distributed among the remaining qualified claimants whose eligibility will be determined by a procedure set forth in the decree.

In addition to the monetary relief, Robertson Sanitation has agreed to exercise good faith in offering employment to qualified female applicants for residential, commercial, industrial and roll-off truck driver positions at the Winder and Austell facilities. Good faith will be measured against the standard of offering employment to at least 70% of the qualified female applicants in the pool, according to the decree.

The decree requires Robertson to submit a report each year for four years identifying the name, sex and qualifications of all qualified applicants for truck driver positions, the persons offered positions, and the persons hired. Robertson shall also maintain all driver applications for the duration of the decree for inspection, and provide an explanation for each time a qualified female applicant is not offered a position. The EEOC will have the right to inspect all documents used or considered in the hiring process to review Robertson's compliance.

Robertson shall not discriminate against qualified applicants on the basis of gender, nor retaliate against any person who opposed discriminatory practices or participates in proceedings under Title VII. The decree also includes provisions for equal employment opportunity training, reporting, and posting of notices. In the suit and consent decree, Robertson Sanitation denied any liability or wrongdoing.

“We are pleased with the employer’s efforts to quickly resolve this dispute, while taking affirmative steps to remain in compliance with the law in the future,” said Robert Dawkins, regional attorney for the EEOC’s Atlanta District Office. “The decree takes into consideration the fact that Robertson hired seven female drivers after the discrimination charge was filed. The hiring goals are designed to ensure that the employer continues hiring qualified women in the future.”

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination based on race, color, gender (including sexual harassment and pregnancy), religion, national origin, age, disability and retaliation.

Denver employment lawyer Kimberlie Ryan of The Ryan Law Firm handles sex discrimination claims for Colorado workers and can be reached by visiting her website at www.kimberlieryan.com.

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Stimulus Impacts COBRA

The American Recovery and Reinvestment Act signed by President Obama in Denver on Tuesday helps workers with COBRA benefits, as explained in Kim Ryan's 9News interview by Gregg Moss yesterday.

A key component of the stimulus package includes helping the unemployed maintain their health insurance through COBRA.

COBRA generally allows a person to retain health insurance in a previous employer's health plan for up to 18 months by paying the entire cost of that coverage, plus an additional 2% administration fee. Those premiums can be steep and have prevented many displaced workers from continuing their health coverage.

The stimulus provides a 65 percent subsidy for the COBRA premiums for up to 9 months, or until a worker is offered a plan by a new employer. The subsidy kicks in as a tax credit to the former employer offering the insurance coverage. Eligible workers include those involuntarily terminated from their jobs between Sept. 1, 2008 and Dec. 31, 2009. Eligibility depends on how much the worker earned on the job, so some higher paid employees will not be eligible for this subsidy. For eligible workers who did not elect COBRA, the law allows them 60 days to sign up for extension of COBRA coverage.

The payments are not retroactive, so workers who have already made COBRA payments will not receive reimbursement. The subsidies or tax credits start immediately.

Workers who lose their jobs between the time the bill becomes law and 2010 will be eligible for the subsidy as long as they have not exhausted the 9-months of subsidy coverage. COBRA applies to companies with 20 or more employees. The Joint Committee on Taxation estimates that 7 million people will keep their health insurance under this provision.

To see the text of the law, go to: http://www.whitehouse.gov/the_press_office/arra_public_review /

For more information on employment law, see www.kimberlieryan.com

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Inspiring Blogger - Rod Stevens

Thanks to Washington attorney Rod Stevens for picking up on my blog. If you are one of his readers - welcome!

I found his blog on his comment on a 9News Severance Agreement segment I recently did. It's always great to see people participating in the dialogue!

His blog, The Employment Advisory Blog, is insightful and provides interesting pointers, both for employers and workers. Check out his Feb. 12 post about the law firm that sued its former associate to repay educational expenses. Fascinating!

And, I'd like to thank Rod for inspiring me to learn how to link. Basic, I know, but exciting to me nevertheless! You'll find his blog on my blog-roll, below the links to recent posts.

Thanks for the inspiration!

Pregnancy Discrimination Case Stranger Than Fiction

CHICAGO – Crick Pictures, L.L.C., and Mandate Pictures, L.L.C., will pay $75,000 to settle a federal pregnancy discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC’s suit had charged that movie production companies Crick and Mandate refused to hire a pregnant job applicant, Cynthia Castillo-Hill, for a position as an extras casting assistant after they learned that she was expecting a baby.

Castillo-Hill sought work on the film Stranger Than Fiction, which stars Will Ferrell.

“The EEOC’s evidence in this case – which included an e-mail from the hiring supervisor – showed that the defendants believed that Castillo-Hill’s pregnancy would prevent her from being able to handle the stress and long hours associated with the job though her own doctor had indicated that the job was appropriate,” explained EEOC Chicago District Office head Jack C. Rowe.

“It is just this sort of stereotypical decision making by an employer that is prohibited by federal law, and for good reasons," added EEOC Regional Attorney John Hendrickson. Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978.

The consent decree settling the suit provides that:

1) the defendants will pay the pregnant applicant and her attorneys a total of $75,000, less applicable taxes;

2) the decree enjoins the companies from future pregnancy discrimination and retaliation; and

3) the defendants are required to provide training to their managers about the obligation to avoid discrimination.

“The Pregnancy Discrimination Act makes clear that pregnant job applicants must be judged on the basis of their job skills and abilities, not on the basis of their pregnancy.

We are pleased that the defendants have joined in a voluntary resolution of this suit. All parties thus have saved further time and expense,” said EEOC Trial Attorney Deborah Hamilton.

“Ms. Castillo-Hill will receive meaningful compensation, and through the consent decree, protections are in place to ensure that future discrimination is avoided," added EEOC Supervisory Trial Attorney Gregory Gochanour, who managed the agency’s litigation of the case.

If you have a pregnancy discrimination matter in Colorado, contact Kim Ryan at kim@ryanfirm.com.

President Obama: Hope on President's Day

Dear President Obama:

I've never felt so happy on a President's Day. As you prepare for your trip to Denver, may I thank you for a moment for all that you are doing for workers.

Thank you for the Lilly Ledbetter Fair Pay Act - so the mere passage of time won't erase workers' rights to equal pay.

Thank you for working on the Equal Remedies Act. We hope for the time that the Equal Remedies Act is passed, telling our workers that their rights mean something, regardless of their employers' size.

Thank you for inspiring us to keep seeking justice. You listen, seek common ground, and help the working people.

Change is possible! Thank you for a Happy President's Day!

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Severance Agreements: What Workers Should Know

Workers who are being terminated or laid off from their jobs may be presented with a host of papers to sign at the end of their employment. These papers sometimes include severance agreements that offer them lump-sum payments - but may significantly limit their legal rights.

What should workers know about severance agreements?

1. Severance payments generally are not required under Colorado or federal law, unless workers have an agreement in advance or unless the company has a severance policy in place that applies to them.

2. Usually a severance agreement includes a release of all claims a worker might have against the company, whether known or unknown, meaning the worker basically is agreeing not to sue the company for anything, ever. There are always exceptions in the law, but for the most part, a general release of claims will bar workers from bringing most kinds of lawsuits.

3. Sometimes severance agreements contain non-compete clauses, which could limit workers' abilities to work in their field for a particular amount of time, even for a matter of years. Colorado law is somewhat strict on non-competes and generally disfavors them. Sometimes they’re enforceable, and sometimes they’re not. Workers should not sign non-compete agreements with the idea that they can later challenge them. Usually they can’t. It’s better to get clarification as to whether non-compete provisions are enforceable before the agreement is signed.

4. Workers are taxed on severance payments, so the amount in the agreement is usually much higher than the amount actually paid out to the worker.

5. Severance payments generally delay unemployment insurance benefits, and they almost always reduce the amount workers in Colorado are eligible to receive. If you agree in the severance agreement to "voluntarily resign," this may prevent you from getting unemployment benefits.

It’s usually a good idea to have legal counsel review severance agreements before signing them, because they may have provisions that severely restrict the rights of the worker and could have an impact lasting long after the severance is gone.

See the video clip of Kim's 9News appearance on severance agreements.

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