What happens to an employee's social media account when
the employee leaves a company? One British court has answered this question by ordering a
former employee of a recruiting firm to turn over his LinkedIn contacts to his
In Lamons Gasket Co., the NLRB,
split 3-1, overruled Dana Corp., concluding that the decision "was flawed,
factually, legally, and as a matter of policy." In doing so, the Board majority
returned to the recognition bar doctrine as it existed...
The employment law Case of the Week is Walker v.
Jackson [ opinion available to lexis.com
subscribers] , an EEOC decision from October 6, 2011. It answers the age old question - if I get
invited to a same sex wedding celebration, was I subjected to...
by Vanessa L. Goddard
heard the expression "The best defense is a good offense." Well, this is
very true in the world of harassment law. For our devoted readers of this
blog, we know this is preaching to the choir, but it never...
by Phyllis Katz
With over two years of recession, jobs have been closed
for many, particularly new college graduates . Many of these eager graduates
are willing to work for nothing "Just to get the experience." Employers
want to accommodate...
On November 1, 2011, Politico.com in an article
by Seung Min Kim reported that a draft budget prepared by House Republicans
"zeroes in on the National Labor Relations Board, which would see its funding
cut by 17 percent, as well as several restrictions...
Staffing and other companies that hire nonimmigrant
workers through the H-1B program must remember to pay its nonimmigrant employees
the required wage rate throughout their employment, even during breaks between
staffing assignments. Failure to do...
In April 2011, a jury awarded Shana Maron $86,000, after finding
that she was paid less than her former male colleagues in Virginia Tech's
Office of University Development. In June, U.S. District Court Judge James Turk
threw out the verdict and...
Though it is not required by law, the best practice for a
company in New York is to retain its employees' personnel files for the
length of the employee's employment plus five years .
This is the case, among other reasons, because an
In Veal v. Upreach LLC (10/20/11) , an employee claimed
that her employer terminated her in retaliation for her contacting the EEOC.
The court of appeals, however, did not believe that the employee had presented
any evidence in support of her claim...
While we may share a love of hockey, beer and Justin Bieber, there remains many intangible cultural and legal differences between Canadian and US employment law. Given the global nature of most of the clients I work with, I frequently advise US employers...
Client Briefings and Web Seminars
Fulbright Hosts Municipal Bankruptcy Web
Seminar - "Modification or Discharge of Debt in a Chapter 9 Case"
On Thursday, October 20, Fulbright & Jaworski hosted
a web seminar discussing eligibility...
Denise M. Keyser and Farrah I. Gold
As many employers know, "whistleblower" retaliation
claims have proliferated in recent years, under the many federal and state laws
which recognize and protect whistleblowing activities. The Occupational...
Settles FLSA Case
by Daniel V. Johns and Kelly T. Kindig
A recent wage and hour settlement between Hofstra
University and 256 student workers highlights the pitfalls faced by a college
or university employing students.
Last week, a...
Lessons on Documenting Reasons for a Termination
by: Ryan N. Parsons
In Weaver v. Netflix, Inc. [ an enhanced version of this opinion is available to lexis.com
subscribers ], a federal trial court rejected an Oregon employer's
Politico has reported
that the National Restaurant Association paid out a five-figure settlement to
two women who accused Herman Cain of making sexually suggestive comments.
Here are the details on the story, from the Politico
A employee responded to a supervisor's LinkedIn request
with the following joke: "f**ktard." More than a year later, the company
discovered the "f**ktard" post while establishing its own corporate LinkedIn
site. After the company...
Even if your harasser is the same race, you can still
complain about discrimination if they're biased due to your color. Basically,
color means the shade of your skin. If someone of your same race favors lighter
or darker skinned employees, then...
A complaint was
filed in federal court in Arizona on October 25 alleging that an employee was
harassed and terminated because of her disability and race. Obviously, a
complaint is one side of the story, and the employers who have been sued have
Back in June, the United States Supreme Court ruled that a class of 1.5 million women could not pursue gender
discrimination claims together against Wal-Mart because they lacked a
If, at first, you don't succeed, file this Complaint...
For harassment to qualify as sexual harassment it
must be because of sex. That means that the complained-of misconduct is of a
sexual nature, or it singles out women differently than men. Non-sex-based
conduct that targets women and men the same, no...
By: Mike DeCamps
As has been widely reported, The National Labor Relations
Board (NLRB) issued a final rule on August 25, 2011 requiring all employers
subject to the NLRB jurisdictional standards to post an 11 x 17 notice form
You may recall a Case of the Week from back in May: Same
Sex Partner Benefits and the Constitution . In short, two women filed suit
against my hometown school district (State College Area School District)
alleging unconstitutional sexual orientation...
On October 26, 2011, the U.S. House Committee on
Education and the Workforce passed the Workforce
Democracy and Fairness Act (H.R. 3094), a measure intended to roll back a
number of recent actions by the National Labor Relations Board (NLRB).
Payne resigned from her job as a teacher at Apalachee High School after the
school received a complaint about pictures Payne had posted on her Facebook
page. The pictures were a long way away from the type of risqué photographs we