Labor & Employment Law Community

Title	Views
1	Magistrate: Online Posting Made Song A U.S. Work, Defeats Copyright Claims	11962
2	Staub v. Proctor Hosp., 560 F.3d 647 (7th Cir. Ill., 2009)	9858
3	To Be Or Not To Be An Employee? That is the (Agency) Question	8633

Time to check the dress code? Can an employee be "too hot?"

According to news reports , a 28 year old female employee was fired from a Manhattan based lingerie wholesaler because she wore inappropriate clothing to work. At a press conference with her attorney Gloria Allred, the woman said that she was told by

Published Wed, May 23 2012 5:51 PM by John Holmquist

Religious Employers, The Ministerial Exception and Single Moms -- Again!

I wonder if there is a recognized legal specialty in the area of unwed-pregnant-moms-and-religious-schools-discrimination law. If so, I think I will qualify very soon. Happy belated Mother's Day? Not long ago , I wrote about the Archdiocese of Cincinnati

Published Tue, May 22 2012 5:37 PM by Robin Shea

The Arizona Breakdown – EEOC Charges, Sunny Days, and a Few Things In Between

After the blog's brief hiatus, I started debating what sort of post would be worthy of the "first post back" honors, and I realized that I had so much to update and catch up on within my own state, that I should just start right here. So, here it is:

Published Mon, May 21 2012 1:30 PM by Ashley Kasarjian

No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides

Does an employer invade an employee's privacy by accessing and reviewing the employee's email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth , answers "no." For a two year period, the town of Falmouth

Published Mon, May 21 2012 12:55 PM by Martha J. Zackin

Can a Poor Performance Review Count as an “Adverse Action?”

For an act to be considered an "adverse employment action" sufficient to support a discrimination claim, it must constitute "a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different

Published Mon, May 21 2012 11:13 AM by Jon Hyman

Delaware's Password-Privacy Law Moves Ahead

Delaware is one step closer to legislating employers' ability to manage their workforces. I testified yesterday about the significant flaws in H.B. 308, called the "Workplace Privacy Act." The members of the Telecommunications, Internet, and Technology

Published Fri, May 18 2012 7:32 AM by Margaret (Molly) DiBianca

Implicit Bias in Iowa: Round 1

In a 56 page decision , Judge Robert Blink entered judgment for the state. Judge Blink concluded that the plaintiffs failed to prove that subjective, discretionary decision making, permitted by the state's abdication of its oversight responsibilities

Published Fri, May 18 2012 7:11 AM by John Holmquist

6s Wild! 6th Circuit Affirms Contractual 6 Month Limitation for Employment Claims

Between the following two options-a federal statute or a private employment agreement-which wins? The federal statute (the Uniformed Services Employment and Reemployment Rights Act (USERRA)), which, at the time, provided for a four-year statute of limitations

Published Thu, May 17 2012 10:33 AM by Jon Hyman

LexisNexis Catalog Of Legal Publications: A One-Stop Guide For Legal Research

Welcome to the LexisNexis Catalog of Legal Resources - Your one stop guide to authoritative legal content to help you research more efficiently and cost-effectively, and deliver better outlook for your clients and firms, company or government agency.

Published Wed, May 16 2012 10:18 PM by Corporate & Securities Law Community Staff

Terminated CFO Illustrates the Confidentiality Risks Social Media Pose

According to a recent survey by Intel (h/t: Lifehacker ), 85% of American adults share information about themselves online, while 90% think others are sharing too much. Maybe the former CFO of Francesca's Holdings Corp., Gene Morphis, should have heeded

Published Wed, May 16 2012 9:53 AM by Jon Hyman

Why Delaware's Proposed Workplace Privacy Act Is All Wrong

Delaware's version of a Facebook-privacy law, called the "Workplace Privacy Act" (H.B. 308), will go to hearing on Wednesday before the Telecommunications, Internet, and Technology Committee in Delaware's House of Representatives. The bill, as amended

Published Tue, May 15 2012 2:00 PM by Margaret (Molly) DiBianca

Southern District of New York Awards Emotional Distress Damages of $500,000 To Domestic Worker In Unpaid Overtime Case

In March 2012, in Gurung v. Malhotra , 10 Civ. 5086 (S.D.N.Y. Mar. 16, 2012) , the U.S. District Court for the Southern District of New York (Marrero, J.) awarded, to a 22-year-old domestic worker, damages of $1,458,335 against the maid's former employers

Published Tue, May 15 2012 11:04 AM by David S. Rich

NLRB Election Rule Held Invalid

Another day, another NLRB development. April 30, 2012 was supposed to be a big day for the NLRB. Both the poster rule and the new election rules were to take effect . After some litigation woes, the NLRB put the poster rule on ice . Now, the election

Published Tue, May 15 2012 8:48 AM by Philip Miles

The FMLA and the Honest Belief Rule: Monitoring Leave of Absence Abuse

Last week, I discussed the bounds of the "honest belief rule" as a defense to a discrimination claim. Yesterday, in Seeger v. Cincinnati Bell Telephone Co. [pdf] , [ an enhanced version of this opinion is available to lexis.com subscribers ]the 6th Circuit

Published Mon, May 14 2012 11:52 AM by Jon Hyman

Facebook-Privacy Laws: Update

Legislation, both state and federal, prohibiting employers from requesting an employee's or applicant's password continues to make progress. In Particular, the pending bills in California and New Jersey passed to the next level of their respective legislatures

Published Fri, May 11 2012 10:12 AM by Margaret (Molly) DiBianca