Employers who require job-seekers to turn over their
Facebook passwords remain a mystery to me. Really, what are they thinking? As
if the potential negative publicity alone is not enough of a deterrent, you'd
think that employers would be aware...
Discovery of social-media evidence can be a valuable
tool, particularly in employment and personal-injury litigation.
Employers' lawyers should be aware not only of the potentially relevant
evidence in a plaintiff-employee's Facebook account...
Long-Daniels, Chris Puckett & Todd D. Wozniak
On November 2, 2010, Georgia voters approved an amendment
to the state constitution that will have a substantial impact on the drafting,
negotiation, and enforcement of non-competition, non...
In this Emerging Issue
Analysis, Peter Lareau reviews the development of the law as it relates to the
authority of the National Labor Relations Board to award backpay to
undocumented workers terminated in violation of the National Labor...
Hoping to boost their investment returns and shrink
looming deficits, public pension systems across the nation have been turning to
riskier investments, such as private equity and hedge funds. But their returns
haven't been rising nearly as much...
Recently we posted in NLRB Finds Class Action Litigation Protected Activity Under
NLRA that employees' right to pursue litigation collectively in a class
action had been upheld by the National Labor Relations Board (NLRB).
What were you doing yesterday between 3 and 4 PM EST?
Me? I was tweeting with the great people at SHRM's We Know Next and
several other Twitter stars, answering questions and otherwise making insightful
snarky comments that sniffed insightful...
New Jersey Boss Who Told Grieving Mother To Forget Deceased Daughter
The Superior Court of New Jersey (one step above a Common Pleas court
and one step below New Jersey's Supreme Court), issued a recent employment-law
decision that has...
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...
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 Mann v. Staples, Inc. , a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a "skank ass bitch." The New Jersey Superior Court, Appellate Division, described this as a "pattern...
There is no federal law that specifically prohibits
obesity discrimination. But is the Americans
with Disabilities Act broad enough to cover discrimination against the
obese? Well, if you read my blog regularly -- Hi Dad! -- you know that a hyper-obese...
As y'all know, the National Labor Relations Board has taken quite a beating recently in the courtroom. First, the Board was forced to delay requiring employers to post a union-rights poster in the workplace . Then, a federal court voided the Board's...
My Employer Said it Would Not Contest My
Pennsylvania Unemployment Claim; What Does That Mean?
I receive many phone calls from employees who accepted a
voluntary lay-off ("reduction in force" or "RIF") with a promise from their...
In Wal-Mart Stores, Inc. v.
Dukes, the Supreme Court ruled that a class in a massive gender discrimination
case had been improperly certified under Federal Rule of Civil Procedure
23(b)(2), both because common questions were lacking under Rule 23(a...
The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations,
29 C.F.R. § 510 et seq. , require that most employees in the U.S.
be paid not less than the federal...
DRI In-House Counsel Magazine
Amid the explosion of employment administrative claims
and lawsuits in these tough economic times, there is an increased desire by
corporate counsel to properly manage costs of defending these types of claims.
Susanne Pintagro worked for Sagamore Hills Township as an administrative assistant. When a newly hired intern made her feel "uncomfortable and concerned for [her] safety" she took her concerns to the township's trustees. The trustees determined...
Christine Rubino had been
a teacher in Brooklyn for 15 years without any disciplinary history when she
was terminated in response to comments she posted about students on her
Facebook page. Specifically, Rubino posted that her 5th-grade students
The exchange of initial disclosures between parties in a
lawsuit brought in federal court is not generally considered the most useful
endeavor. The parties have to exchange a few pieces of information but, for the
most part, expect to get into the...
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Virginia is a "deferral state" for Title VII
purposes, meaning that it has a state law prohibiting discriminatory employment
practices and has a state or local agency (e.g., the Virginia Council on
Human Rights ) authorized to grant relief...
by the American Bar Association Section of Public Utility
I. EMPLOYMENT LAW DEVELOPMENTS
A. Title VII
1. Third Circuit Holds that Lilly Ledbetter Fair Pay Act Does Not Apply to
Title VII Failure-to-Promote Claims
In Noel v. The Boeing...
WASHINGTON, D.C. - (Mealey's) In a 5-to-4 vote, the U.S.
Supreme Court on June 26 struck down as unconstitutional Section 3 of the
federal Defense of Marriage Act (DOMA), which defines marriage as the legal
union between one man and one woman as...