Earlier, I busted on "my own side" by giving four
reasons why employers shouldn't be so quick to fire their employees . To be
fair, this week I'll talk about the other side -- four reasons why employees
shouldn't be too quick...
Businesses do not experience the impact of social media
in fragmented departmental silos. Rather, social media is an inherently
cross-department, internal and external experience for most
organizations. Employees, clients, third party providers, experts...
Paramedics and other emergency workers face unique communication issues when on duty. Speed, constant availability and focus are paramount. So how does one check their smart phone email, update their Facebook status or tweet out an update? Turns out they...
This regularly-updated summary of recent Employment Law decisions and Human Resources insights provides updates on anti-discrimination laws, leave laws, National Labor Relations Board decisions, and some state authority (the author lives in Albuquerque...
Who owns your LinkedIn connections? I’ve blogged about the ownership of social media content a few times already ( here , here , and here ) and I continue to believe that the real battle will be over connections made in the course of business. ...
by Joseph U. Leonoro
A few weeks ago in this forum, we talked about an
important opinion from the Sixth Circuit Court of Appeals - the Circuit in which
Kentucky and Ohio sit - on associational discrimination. Well, that Court
must be enjoying its...
Nevada has just joined
the ranks of 9
other states that have outlawed the use of credit history to discriminate
against potential employees. However, they're still a minority. Still, there's
a clear trend in the states. According to the National...
When an employee is required to miss work due
to a physical ailment, many different issues and/or laws come
into play. We break down the most common below.
WHAT IS SHORT-TERM DISABILITY?
The term Short-Term Disability ("STD") refers...
turned 20 last week and there has been a flurry of articles and posts
discussing how the FMLA has changed the workplace, whether it imposes too high
of a burden on employers, and predicting how it will likely continue to evolve.
To most of us, the 4 th of July means a day off from work spent with family and friends, perhaps going to a parade, having a barbeque or watching fireworks. But Independence Day signifies so much more. It not only honors the birthday of our country, but...
Many people who are trying to figure out whether they've
been the victim of discrimination miss an obvious way to find out how much
coworkers are making: asking them. Some employers try to prevent this by
putting in handbooks or contracts a provision...
by Amanda K. Caldwell
The United Kingdom ("UK"), comprised of England, Northern
Ireland, Wales and Scotland, has a population of over 62 million people, is
culturally diverse and remains one of leading financial and service centers of
At first blush, implementing an employee hotline and
following-up on complaints might seem a simple endeavor. The recent $3.5
million federal jury award to an employee terminated after he reported illegal
conduct by a supervisor demonstrates that employers...
I probably get at least one inquiry a week from
someone absolutely sure that they've been a victim of nepotism. The boss is
hiring family members or friends. A family member is promoted even though she's
incompetent or inexperienced. Or even...
It's taken awhile for courts to start applying the
ADAAA-the January 1, 2009, amendments to the Americans with Disabilities Act
that rendered everyone with a medical condition disabled for
purposes of the disability discrimination law. With one...
Last week, my
post was about retaliation , and how employers can be liable and how they
can defend themselves. As luck would have it, two recent court decisions
illustrate beyond my wildest imagination how important this issue can be.
by Matthew B.
As most employers know, there has been considerable
litigation under the Fair Labor Standards Act ("FLSA") over the years regarding
whether employers must pay employees for time spent putting on and taking off
by Joseph U. Leonoro
As we have discussed before on this blog, the National
Labor Relations Board ("NLRB") is focusing much attention on social
media. In particular, several complaints have been filed recently that
allege that employers...
You think you have a great case against your employer. You've done your research and have found an attorney you think is just right for you. You reach out to the lawyer and they say they aren't interested. You try another. No go. What went wrong...
As we conclude this year, the changes in employment law
are noteworthy. Indeed, there are a few issues that will likely become
more popular in the coming year. Here's a list of the top five hot
employment law issues, of which to beware in 2012...
Twelve states have laws granting collective bargaining
rights only to certain groups of workers, such as teachers or firefighters,
according to a 2002 U.S. GAO report. Twelve others have no laws guaranteeing
collective bargaining rights for any public...
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...
A year ago, the 6th Circuit concluded that pregnancy-related impairments
that are not part of a "normal" pregnancy-such as miscarriage
susceptibility-can qualify for protection under the ADA. Spees v. James Marine, Inc.,
617 F.3d 380 [ an...
Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September 27, 2012, California Governor Jerry Brown signed into law AB 1844 , which prohibits employers from requiring...
Much has been written (including by me) on the topic of
how to distinguish an independent contractor from an employee. I have also
written about the importance of "work for hire" or "freelancer" agreements when
working with independent...