Another day, another NLRB development. April 30, 2012 was
supposed to be a big day for the NLRB. Both the poster
rule and the new election rules were to take effect . After some litigation
woes, the NLRB
put the poster rule on ice . Now, the election...
Last week, I discussed the bounds
of the "honest belief rule" as a defense to a discrimination claim.
Yesterday, in Seeger
v. Cincinnati Bell Telephone Co. [pdf] , [ an enhanced version of this opinion is available to lexis.com subscribers...
Legislation, both state
and federal, prohibiting employers from requesting an employee's or applicant's
password continues to make progress. In Particular, the pending bills in
California and New Jersey passed to the next level of their respective...
Is a public-sector employee engaging in
"speech" for purposes of the First Amendment when he
"likes" a post on Facebook? A recent decision from the Eastern
District of Virginia concludes that the answer is "no." In Bland...
The Employee Polygraph Protection Act regulates (and restricts)
the use of polygraph tests in the workplace. For example, it prohibits an
employer from disclosing to anyone an employee's polygraph results without the
employee's consent, and...
The National Employer ®
provides human resources professionals, corporate counsel and other employment
and labor law attorneys a practical and extensive guide to federal employment
and labor laws. Updated annually, the publication contains recent...
The NLRB has announced the filing of a complaint against 24
Hour Fitness USA, Inc., claiming that the company's requirement that its
employees submit all employment-related disputes to individual arbitration
violated federal labor law.
The NLRB issued a press
release today announcing that a complaint had been filed against 24
Hour Fitness Center for maintaining a requirement that all employees agree as a
condition of employment to forego the filing of class action or
Employers who request an employee's or job applicant's
Facebook password continue to face pushback in legislatures across the country.
As I posted last week, several states have introduced
bills that would prohibit this type of coerced Facebook...
A few weeks ago, as reported here ,
Maryland became the first state to pass legislation that would ban employers
from demanding that employees or job candidates turn over their social media
Could a federal law be soon to follow?
It's no secret that I approach employment law from a
pro-employer viewpoint. It's right in the blog's title: The Ohio Employer's
Law Blog. Yet, despite my management-side tendencies, I call 'em as I see 'em,
and every now and...
Title VII does not, on its face, protect transgendered
workers from discrimination. Increasingly, however, courts have extended its protections under the umbrella of
Title VII's protections against sex-stereotyping-as-gender-discrimination, as
The Miami Marlins suspended
new Manager Ozzie Guillen for saying: "I love Fidel Castro," and "I
respect Fidel Castro. You know why? A lot of people have wanted to kill Fidel
Castro for the last 60 years, but that mother-f***er is still...
Yesterday afternoon, the EEOC announced its long awaited,
and, by employers, long dreaded, Enforcement
Guidance on the Consideration of Arrest and Conviction Records in Employment
Decisions under Title VII (along with a short and sweet Q&A ). ...
April 20, 2012, Republican U.S. Senator Mike Enzi of Wyoming, the
ranking member on the Senate Health, Education, Labor and Pensions Committee,
announced that it was expected that the full Senate on April 23 and 24 will
debate S.J. Res 36, which...
was the first state to pass legislation prohibiting employers from requiring an
employee or applicant to turn over his or her Facebook password or log-in
information for other social-networking sites.
On April 19, 2012, a similar law moved...
Last summer, in Alexander v. Cleveland Clinic Foundation , the
Cuyahoga County Court of Appeals held that a police officer, fired after
several outbursts while working traffic control, could proceed to trial with
his wrongful discharge claim. He claimed...
The California Supreme Court recently issued its long
awaited decision in Brinker Restaurant Corp. v. The Superior Court of San
Diego County , 2012 Cal. LEXIS 3149 (Cal. Apr. 12, 2012) [ an enhanced version of this opinion is available to lexis.com...
If big corporations wonder why average Americans think
they're pond scum, they need look no further than the recent efforts of the
Florida Retail Federation in favor of allowing companies to steal your wages.
That's right. The Florida Retail...
Can a Facebook friendship between an employee and her
supervisor lead to a claim of disability discrimination under the Americans
With Disabilities Act (ADA)? Have a look at the facts in a recent case from a
federal court in Seattle, Washington and...
The Americans with
Disabilities Act explicitly forbids discrimination against those who are
actually disabled or "regarded as" disabled. As a
NJ court once recognized , "Distinguishing between actual handicaps and
Last week, Jon Hyman at the Ohio Employer Law Blog was on point with
this good post discussing a recent National Labor Relations Board Administrative Law Judge
decision. The case involved what the NLRB General Counsel believed
was an overly-broad social...
According to MSNBC , an employee has sued the Library of Congress for
firing him after his manager discovered that he had "liked" the "Two Dads" page
on Facebook. The employee, Peter TerVeer, claims that after his manager
On Monday, I reported that a South Carolina federal court had
invalidated the NLRB's attempt to force employers to post a statement of
employees' rights under the National Labor Relations Act. I cautioned that
until you heard otherwise, employers...
Woody Allen once said, "80 percent of
success is showing up." So true, so true!
The U.S. Court of Appeals for the Ninth Circuit* came out
recently with a
great decision on when "showing up" -- also known as