Back in August, the United States Court of Appeals for
the Fifth Circuit decided a case and ruled that the Uniformed Services
Employment and Reemployment Rights Act ("USERRA") did not recognize claims of
hostile work environment based on...
On September 30, 2010, the Equal Employment Opportunity
Commission (EEOC) filed suit against the U.S. Steel Corporation and the United
Steelworkers of America, Local 1557, claiming that U.S. Steel's random alcohol
testing policy, authorized under...
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.
The EEOC issued an informal discussion letter discussing whether the
requirement that an individual graduate high school is a permissible job
selection criterion under the Americans with Disabilities Act.
The EEOC addressed this
because, when employers...
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...
Andrew M. Schpak, Esq. served as a panelist on a
CLE regarding the Legal and Practical Implications of Disability Law at the ABA
YLD/GP/Solo Joint 2010 Spring Meeting in Saint Thomas, Virgin Islands. Here he
summarizes his presentation.
H. Salgado , Kyle D.
As the world economy expands with increasing global connections,
we find that more and more of our clients operate in foreign locations or hire
foreign workers. There are a number of statutes and rules to be...
C. Burton & Igor M. Babichenko
On April 5, 2011, the Department of Labor ("DOL")
published a final rule  updating the regulations under
the Fair Labor Standards Act ("FLSA"). The final rule, which will take
One of my most popular posts ever on this blog was the Top 10 Employment Laws You Think Exist - That Don't . In it, I talk about rights employees erroneously think they have, like the right to be fired for a good reason, free speech, the right to...
A company in New York State makes a verbal offer of
employment to an individual. Before the individual begins work, the
company's profits plummet or its budget is slashed.
If the company withdraws the oral offer of
employment, does the individual...
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
Suzanne Lucas, the not-at-all-evil Evil HR Lady at CBS Money Watch, wrote an interesting piece about being forced to resign , and I wanted to talk some more about this important issue here. I get this issue all the time. People come to me and say, "I...
DISCLAIMER: Today's post has absolutely nothing to do
with Veterans Day. But thank you, veterans!
Last week, I was pretty hard on Herman
Cain and his response to allegations of sexual harassment . Since then, two
women have come forward publicly...
John and Mary are co-workers. They are also Facebook friends. And both John and Mary have adjusted their respective Facebook privacy settings such that only Facebook friends can view what they post online from their individual accounts. Consequently,...
N. Peter Lareau uses O.G.S.
Technologies, Inc., as a vehicle for examining Board and judicial precedent
about an employer's obligation to bargain over a decision to subcontract work
currently performed by employees represented by a labor organization...
Lots of employees refuse to sign disciplinary notices. Whether it's a counseling, warning, written reprimand, or suspension, anything before you're terminated is something you should sign. Why? Because refusing an order to sign it just might be...
What is this? A broken record?
Yesterday, I blogged about a recent NY appellate decision in which the court held that an employee who had sued her employer would have have to turn over her Facebook postings that related to the case.
Today, we head...
ALEXANDRIA, Va. - (Mealey's) A U.S. Department of State
information technology manager and her husband tricked an Ethiopian woman into
accompanying them as their domestic servant to Japan, where they held her
virtually as a prisoner in their home...
For many, Labor Day represents the beginning of football season or the last long weekend of the summer. However, there's more to Labor Day. It's a celebration of American workers and their contribution to our success as a nation.
Let's start with the obvious: it is illegal in Ohio for an employer to discriminate against an employee because of the employee's disability. It is not always easy to figure out who this proscription covers, because Ohio's statute (R.C. 4112...
K. Newman, Partner and chair of the employee mobility and trade secret practice
at PaulHastings, discusses the Computer Fraud and Abuse Act in the context of
an employee's "authorized" use of company systems for unauthorized purposes...
In this Emerging Issues commentary, Thomas Fox discusses the "right of control" test that is used under Texas Law in determining contractor liability for its employees' acts. In addition, Mr. Fox provides guidance to businesses operating...
Supreme Court held that a terminated employee may have a claim for retaliation
under Title VII, even though that employee never opposed or participated in
protected activity, but alleged that his termination was the company's response
The anti-retaliation provision of Title VII of The Civil
Rights Act of 1964, as amended ("Title VII") prohibits an employer from
"discriminat[ing] against any of his employees . . . because he has made a
charge" under Title VII...
During Governor Arnold Schwarzenegger's term in office, very few employment- related bills were signed into law. That trend changed dramatically under Governor Jerry Brown, who recently signed a plethora of employment-related bills passed by the California...