use of social media is an ongoing problem across the country . Teachers are
given little, if any, guidance about what is and is not appropriate
online conduct . School
districts, in turn, are left to decide the rules on an ad hoc basis...
There has been a lot of litigation in California
concerning the exempt status of various categories of employees, with
plaintiffs' attorneys filing class action after class action seeking to recover
four plus years of overtime compensation stemming...
The ADA Amendments Act of 2008 took effect January 1,
2009, and broadened the definition of a disability that makes a person eligible
for the protections of the ADA. Taking into account this new, broadened
definition of disability, on May 15, 2013...
Earlier this month, Philadelphia Mayor Michael A. Nutter
signed legislation that provides a credit to employers who offer
health benefits to same-sex couples, life partners and transgender employees .
It took less than 50 days from the date that...
by Julie Arbore
When employers are hauled into Court and sued for
discrimination after already defending a charge for the same conduct in front
of the EEOC or state human rights agency, they usually have a pretty good idea
what they are defending...
Although law firms can be subject to the NLRB's
jurisdiction, there are not many reported decisions. An administrative
law judge recently issued a decision involving
a small law firm in Alabama that addressed the issue of whether a lawyer who
Last week's post about whether
certain employees in the news deserved to be fired , in addition to
generating some great comments from readers, got me thinking about firings in
I don't like to fire people.
And I know what you're...
by Michael R. Greco
The medical device industry remains a hotbed
for non-compete litigation, and the reason is plain and simple. Economic
justification. Sales reps develop close relationships with surgeons who
purchase millions of dollars worth...
Carcorp hired Barry Elam to work in its finance
department. A few months into his employment with Carcorp, Elam sued his prior
employer, Bob McDorman Chevrolet, claiming that it had wrongfully fired him in
retaliation for his cooperating with an investigation...
Under current law, an Oregon employer may require
employees and applicants to provide access to their personal social media
accounts, but that is likely to change very soon. On May 16, 2013, Oregon
Legislature passed House Bill 2654 ("HB 2654"...
On May 22, 2013, the Senate Committee on Health,
Education, Labor & Pensions voted to approve the nominations of Mark
Pearce, Richard Griffin, Sharon Block, Harry Johnson, and Phillip Miscimarra to
be Members of the National Labor Relations Board...
by Todd L. Sarver
In my last blog post, which can be found here ,
I observed that it seemed the NLRB had "jumped the shark" and lost its
relevance. I suggested that one way to restore some legitimacy to the NLRB was
to appoint true "neutral"...
Last year, the EEOC issued its long awaited Enforcement
Guidance on the Consideration of Arrest and Conviction Records in Employment
Decisions under Title VII . While the Guidance was much more fair and
balanced than many employer advocates (me included...
Consistent with its strategic plan to provide up-to-date
guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity
Commission issued this
press release in which it announced that it had revised...
The Rolling Stones famously sang, " You can't always get what
you want ." One employee recently got exactly what she wanted (and needed)
from her employer, yet filed a claim anyway. After taking to Facebook and
pleading to be fired, she...
Two steps forward, one step back. That seems to be the
pace of wage and hour class certification decisions for California employers
these days. In recent months, both the Ninth Circuit and some California Courts
of Appeal have issued employer-friendly...
by Daniel D. Fassio
Though traditional class actions have long been barred
under the Fair Labor Standards Act, Congress provided within the statute a
provision allowing "collective actions." The provision provided a vehicle for
It seems fitting that the school ends with another story about
educators and Facebook. In this case, an elementary school
principal who had been with the district for 21 years resigned rather
than face demotion, due in part to her Facebook postings...
The City of Phoenix added "sexual orientation" and
"gender identity or expression" to the groups of protected classes under local
law. The non-discrimination provisions prohibit discrimination in (1) employment;
(2) public accommodations;...
A little known provision of the Patient Protection and
Affordable Care Act (the Affordable Care Act) amended the Fair Labor Standards
Act (the FLSA) to require that employers provide all new hires and current employees
with written notice of a health...
WASHINGTON, D.C. - (Mealey's) A citizen may proceed with his lawsuit against the
United States alleging
medical battery by a Navy doctor acting within his scope of employment, a
unanimous U.S. Supreme Court ruled Mar. 4 ( Steven Alan Levin v. United...
Workplace defamation suits will usually raise privilege
issues. When one employee complains to a manager or supervisor about another
employee and falsely maligns the other employee's reputation in the process,
the court will need to sort out whether...
Yesterday, I discussed some pending federal legislation that would expand the FMLA to cover
part-time employees . Now, I hear that another bill introduced in the U.S.
House of Representatives, known as the Equal Employment for All Act, would
The Detroit News ran a story concerning
the suspension of a Chrysler worker who had participated in picketing at the
Warren Stamping plant protesting a new schedule being put into place at that
plant and the Warren Truck plant. During the picketing...
I know you are busy, but I am hoping you can take a few minutes
out of your sequester stuff to help with the Family and Medical Leave Act, as
amended by the National Defense Authorization Act of 2008, as amended again by