In a case claiming age discrimination and interference
with severance benefits, plaintiff Theresa Seibert recently defeated Quest
Diagnostics's motion for summary judgment.
The New Jersey District Court action alleges that, after
more than twenty...
One of the more intriguing aspects of the Rutgers'
termination of basketball coach Mike Rice are reports , like
the New York Times story, that the FBI is investigating the former assistant
who released the video of the conduct that led to Rice's...
In July 2012, the National Labor Relations Board held
that a blanket approach and policy requiring confidentiality during all
internal workplace investigations violates employees' concerted activity rights
under Section 7 of the National Labor...
How is "Long- Term Unemployment"
If you have been unemployed for more than 6 months, you are considered
According to data collected via
a recent study completed by HuffPost , 40% of those...
I've posted before about restaurant
employees' Facebook posts that caused big headaches for their employers .
I've also posted about trouble-causing Facebook posts by a saloon
manager and by a tavern
owner . Well, it seems that the trend...
Summer is fast approaching and along with the dog days of
pool time, family vacations, and outdoor activities, comes summer break for
students. For many companies, this means an influx of potential interns anxious
to learn the ins-and-outs of an industry...
The NLRB has confused me with its apparent
reasonableness. Last week, the NLRB published an advice memorandum from its
Office of General Counsel, in which it opined that the at-will disclaimer in an
employer's handbook did not violate employees'...
Last week, the U.S. House of Representatives passed the Cyber
Intelligence Sharing and Protection Act , better known as CISPA. CISPA
provides for the sharing of certain cyber threat intelligence and cyber threat
information between the intelligence...
WASHINGTON, D.C. - (Mealey's) A Title VII of
the Civil Rights Act of 1964 retaliation claim must prove but-for causation,
the attorney representing the University of Texas Southwestern Medical Center
(UTSW) argued before the U.S. Supreme Court...
Federal appellate courts have agreed that an allegation of age discrimination cannot be brought as a Section 1983 claim. In Levin v. Madigan, the Seventh Circuit held that an age claim under Section 1983 is viable. In March 2013, the Supreme Court agreed...
In early April, a California court issued a published
decision holding that an employer who employs piece rate employees must
compensate those employees at the piece rate for all piece rate work and at a
rate of at least the minimum wage for each hour...
First responders in West, Texas*. Sales clerks in the
stores near the finish line at the Boston Marathon. Staff of the District
Attorney's office in Kaufman County, Texas. Teachers and administration at
Sandy Hook Elementary. Ticket-takers and...
Recently, the EEOC filed a lawsuit against Hire Dynamics,
a staffing firm (click here for the
EEOC press release). According to the complaint , after
a Hire Dynamics employee filed a charge of discrimination against one of its
clients, the staffing...
On April 23, 2013, the National Labor Relations Board
issued its decision in Caterpillar, Inc. , 359 NLRB No. 97 (2013),
holding that a company's refusal to allow a non-employee union representative
on its property after a fatal accident to investigate...
I am thrilled to be hosting the Employment Law Blog
Carnival this month. For the uninitiated, this carnival is the brain
child of Eric Meyer who writes The
Employer Handbook and like the carnivals of old features a vast array of
vendors (aka bloggers...
The events of the past week in Boston highlight the not so new reality that terrorism not only impacts society but also the workplace. How do employers respond when the government declares a state of emergency; closes roads; stops mass transportation;...
So you're called into the back room. It's a tiny one with no windows and only one door. In the room is someone who identifies himself as being from Loss Prevention. He seems so nice. He tells you he's there to help you save your job. If you...
It's no secret that Ohio's age discrimination statute is a hot mess . The statute has four different ways a plaintiff can file an age claim against an employer, each with a different statute of limitations and available remedies. What's more...
In my last post, in response to the bombings at the
Boston Marathon, I
talked about some ways that employers can prevent violence in the workplace
and even avoid hiring the type of employee who might become violent. (Realizing,
of course, that there...
A few months ago, I blogged about the NLRB's opposition to confidentiality
provisions in workplace investigation policies . Now, the NLRB has issued a new advice memorandum briefly addressing the issue.
The key takeaway here is that:
E-mail can be powerful evidence in a dispute, and whether
employers and criminal investigators may use employee e-mail in litigation
proceedings is a hot topic. A recent New York federal court decision outlined
the current law in this area.
Have you heard that the new owner of the Cleveland Browns
has gotten himself into a bit of legal trouble? It's alleged that Jimmy
Haslem's other business, Pilot Flying J, defrauded trucking companies of fuel
rebates. In an effort to head-off...
Discrimination is just plain wrong. It is
shocking that there is still anywhere in America where it is legal to fire
someone for their sexual orientation or gender identity. Americans understand
that it's time to make sure our LGBT friends and...
California's Legislature is considering AB10 this
session, which would increase California's minimum wage from the current $8 per
hour to $8.25 per hour next year, to $8.75 per hour in 2015, and to $9.25 per
hour in 2016. Beginning in 2017...
On March 29, 2013, New York Governor Andrew Cuomo signed
into law a state budget for the 2013-2014 fiscal year, N.Y. State Senate Bill S02607D , N.Y. State Assembly Bill No. A03007D ("the Act"). The
Act includes a provision, Part P, which...