Can A Worker Get a Break?

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Cross Posted on: Workplace Prof Blog

Apparently, they should not expect one in 2009 (or maybe not in this lifetime).

MSNBC (via AP) reports:

U.S. workers can expect skimpy raises in their base salaries next year, but top performers may still fatten their paychecks with merit compensation.

A study released Tuesday by Hewitt Associates, a human resources consulting firm, found base pay will rise by 3.8 percent in 2009, marking the seventh consecutive year of flat growth.

One-time performance-based pay, however, is expected to grow by 10.6 percent. That’s down slightly from 10.8 percent this year and 11.8 percent in 2007.

Great. On our way to more pay inequality in this country and to a place where workers will have to wait longer before being able to afford retirement (Yahoo! News via AP):

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A Galling Case in the Seventh Circuit

The Seventh Circuit has an interesting new sentencing decision, United States v. Carter, which nicely illustrates the impact of the Supreme Court’s decision last year in Gall v. United States.  Robert Carter, the husband of defendant Virginia Carter, embezzled money from his insurance business over several years.  There is no indication that Virgina Carter participated in the embezzlement, but she likely had some knowledge of what was going on.  Eventually, for reasons that are unclear, she sought a divorce.  Following the advice of her lawyer, who did not know that much of the family income was illegal, Carter attempted to take control of the couple’s liquid assets by transferring them into her own individual bank accounts.  Normally, this would be a sound tactical move in a divorce setting, but, by virtue of the criminal origin of the assets, Carter thereby became a money launderer.  Following conviction, she faced a recommended sentence of 87-108 months in prison under the federal sentencing guidelines.

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The End of Disparate Impact Disability Claims in the UK?

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Cross posted at Workplace Prof Blog:

Michael Connolly (Univ. of Surrey (UK)) provides this not-so-good news for disability rights advocates from across the pond. Michael’s analysis, “The House of Lords Narrows the Meaning of Disability-Related Discrimination,” appears in Green’s Employment Law Bulletin (Emp LB 2008 Issue 86 August 2008 1-5 ISSN 1352-2159) and is available on Westlaw.

Here’s a taste:

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