Some employers terminate their employees pretty often.
Sometimes there are even rumors about who will get fired next. But you know
what's probably not a good idea for employers? Holding a contest in which
employees place $10 bets on who will get...
Social-media issues faced by employers continue to change
and develop. Your social-media policy (or guidelines, if you prefer),
should do the same. An updated social-media policy is provided via the
link below for your reference as a starting point...
Human Resources and in-house counsel, please consider
this a legal "consumer report." Remember - we offer a "no
legalese" guarantee, or your money back!
My fellow employment lawyers, is that Rule 12(b)(6)
motion really necessary...
Retaliation claims have become the leading cause of
action for employees. In fiscal year 2010, retaliation charges filed with the
EEOC nationwide accounted for 36.3% of all filings, at 36,258. There are three
essential elements of a retaliation claim...
by Sara E. Hauptfuehrer
The Patient Protection and Affordable Care Act ("PPACA")
requires health insurance issuers and certain employer-sponsored group health
plans to comply with "the applicable State external review process for such...
Fulbright's Financial Reform Task Force
M. Benedict and Blake
Section 922 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act authorized the SEC to reward whistleblowers for
reporting violations of federal...
Employers Should Heed FTC's Recent Reminder
by: Yonaton Aronoff
Celebrity Ashton Kutcher recently got into hot water with
the FTC while serving as a guest editor of an online-only version of Details magazine ( http...
In a case of first impression, the United States District
Court for the Second Circuit recently held that the law requires an employer to
pay an employee returning from military service to a commission-based job the
same total amount of pay he or she...
On October 5, 2011,Congressman John Kline(R-MN), the
Chairman of the U.S. House Committee on Education and the Workforce, announced
that he had introduced H.R. 3094 entitled, the "Workforce Democracy and
Fairness Act." The proposed legislation...
When terminating an employee, employers need only one
reason. Of course, there is rarely just a single reason for reaching the
decision. But the existence of multiple reasons does not mandate that each
reason be shared with the employee. In other words...
When the media first began covering the NLRB's
settlements involving discipline of employees for using Facebook, the
impression that was given was that the settlements reflected established NLRB
policy. In reality, the settlements were no more...
Your business drug tests job applicants as a condition of
employment. What would happen if a male applicant refused to take a urine test
because he claimed that he had paruresis ,
otherwise known as "shy bladder syndrome" or "bashful...
According to new ABA opinion letters, and a new article from Corporate Counsel, attorneys in employment law owe a duty to warn employee-clients about email interception. In ABA Opinions Clarify Ethical Obligations in Email interception , Jeff Campolongo...
There have been a lot of bad bets made over time. For
example, two years ago I bet on the World Series and, after the
Phillies lost, had to painfully write a blog post praising the Yankees . On The Office last week,
newly-appointed regional manager...
In July, 2011, Congressman Jeff Landry, a Republican from
Louisiana, announced that he was part of an effort in the U.S. House of
Representatives intent on keeping the House of Representatives in session
continuously in order to prevent the U.S. Senate...
Hey SCOTUS! Where's the employment law? The Supreme Court kicks off the fall season on Monday, and they're hearing an employment law case in their opening week. But, I'm still wondering where the "big" employment law cases are. On...
v. City of Newark (PDF) [ an enhanced version of this opinion is available to lexis.com
subscribers ], the Third Circuit concluded that the City of Newark,
New Jersey's residency requirement may have unlawful disparate impact on
Last week, a National Labor Relations Board
Administrative Law Judge (ALJ) ruled, for the first time, that an employer
could legally fire an employee based on Facebook activity. In Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker ,
Misclassification of Employees as Independent
This is a problem that has plagued America's workforce for many years.
Companies have repeatedly, and purposefully, engaged in the practice of
misclassifying people who should be deemed...
A few weeks ago, an NLRB Administrative Law Judge issued
the agency's first-ever decision debating the legalities of
terminating employees for social media activities under federal labor laws.
Karl Knauz Motors, Inc. (9/28/11) [pdf] is
Do you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.
Employers and their insurance companies love wellness programs. They result in reduced premiums as well...
The International Law Firm of Fulbright &
Jaworski - Labor and Employment
Patrick Finegan and Barbara
Recent activity of the National Labor Relations Board
(NLRB) reminds non-union employers that the long arm of...
"California has a compelling interest in promoting
and fostering the medical promise of genomics while relieving the fear of
discrimination by strengthening laws to prevent it." - California State
Sen. Alex Padilla
On September 6, 2011...
On this edition, Paul D. McGrady Jr. of Greenberg Traurig LLP discusses some of the major concerns that have arisen with the growth of social media, including privacy, employment, cyberbullying and intellectual property issues. Mr. McGrady is author of...
by John R. Merinar, Jr.
As readers of this blog know well, union organizers all
over the country have had the chance to act like children on Christmas morning
an awful lot lately thanks to the National Labor Relations Board.
Putting aside for...