Yesterday, the EEOC continued its series of public
meetings examining hiring practices as alleged employment barriers, covering employers'
use of arrest and conviction records . According to the EEOC's
press release , it is trying to strike...
This Title VII case teaches two key lessons - 1) You better know the scope of your case pretty well before you file your Charge of Discrimination; and 2) If you are pursuing a harassment claim, your facts better be sizzling.
In Malone v. Ameren UE...
On this edition, Jonathan R. Mook of DiMuroGinsberg in Alexandria, Va. explains the main thrust of the EEOC Final Regulations implementing the Americans with Disabilities Act Amendments Act of 2008, key areas in the regulations, and their importance to...
More employers are turning to social media sites to vet
potential employees. There is no doubt that sites like Facebook and Twitter
offer a wealth of information about potential hires. Using these sites to vet
job candidates offers a great opportunity...
This blog post discusses the meal breaks and breaks to
express breast milk which a n employer in New York State must provide to its adult
employees. For rules limiting the hours of work of minors (that
is, persons less than 18 years of age) in New...
A lot has be written over the past couple of years
predicting how the 2009 amendments to the ADA have eviscerated the definition
of disability. Here's what I wrote a couple of months ago , after reviewing
the EEOC's then-new regulations:
The EEOC is alleging that Menorah House, a Boca Raton, Florida,
nursing home, violated Title VII when it fired an employee who wanted time off
to observe the Sabbath. From
the EEOC's press release :
According to the EEOC's suit ... Menorah...
On July 6, 2011, after an 11-day hearing, an arbitration
panel of the Financial Industry Regulatory Authority, Inc. ("FINRA"), sitting
in Philadelphia, Pennsylvania, awarded compensatory damages of $4,300,000 to
broker Gregory P. Kipple ...
And so it begins. Wal-Mart v. Dukes [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced version available from lexisONE Free Case Law ] has already
changed the course of class actions in 2011. In Cruz v. Dollar Tree...
You think you've crafted the perfect social media policy
for your employees. You let employees have the freedom to engage in limited and
reasonable social media from work, yet use server-side software to spot-monitor
their activities just in case...
Serving Two Masters Can Trigger Overtime
Gregory W. McClune
While it has been said that "no one can serve two
masters," in our modern society many people work for two or more employers at
the same time. This multiple employment...
Back in April, shortly after Massachusetts'
Democrat-controlled House, at the bidding of the state's Democratic governor,
Deval Patrick, passed a decidedly un-Democrat-like bill curbing the collective
bargaining rights of public employees,...
By: A. Peter Brodell, Turner A. Broughton
& Joseph R. Pope
On June 20, 2011, the United States Supreme Court issued
its much anticipated Wal-Mart v. Dukes, 2011 U.S. LEXIS 4567 [ an enhanced version of this opinion is available to lexis.com
The U.S. Department of Labor has slightly delayed the deadlines on significant new
affirmative obligations for fiduciaries of retirement plans subject to the
Employee Retirement Income Security Act (ERISA).
Although the deadlines have been pushed...
On this edition, Deborah A. Ausburn of Taylor English Duma LLP in Atlanta discusses Solis v. Laurelbrook Sanitarium and School, Inc. (No. 09-6128, 6th Cir., April 28, 2011) and the 6th Circuit's use of the primary benefits test to find no violations...
If an employee with low sales numbers announces her
pregnancy, do you:
her and continue to treat her the same as before the announcement, or
others, "What are we going to do about that?"
According to the...
In New York State, employers must give workers time off
from work to serve as jurors. Under specified circumstances, employers in
New York must pay certain wages to employees serving as jurors. Further,
employers in New York must give unpaid time off...
Last Friday, Labor Secretary Hilda Solis released the
following statement about the Dukes v. Wal-Mart decision on the DOL's Work in
Progress blog :
The Court's decision in the Walmart lawsuit made no
ruling on whether America's largest...
NLRB Proposes to Change Its Election Case
On June 22, 2011, the NLRB issued a notice of proposed
rulemaking to amend its rules when processing a union election petition. (See 76 F.R. 36812 .) According to the notice...
On June 24, 2011, New York Governor Andrew Cuomo signed
into law the Marriage Equality Act, Bill No. A08354 . Effective
July 24, 2011, the Marriage Equality Act (also referred to in this post as "the
Marriage Equality Act" or "the Act"...
I talked last week with Steve
Berstler , the producer and anchor of LexisNexis® Legal News audio podcasts,
regarding the Supreme Court's decision in Wal-Mart v. Dukes . The
highlights of our conversation are featured in the Legal News Podcast...
Don't Work, Text, and Drive
By John S. Lord, Jr.
None of us should be texting and driving. None of our employees should ever be working, texting, and driving.
We all understand these common sense rules, but does your organization have...
Eugene Stansberry, who sued his former employer for disability discrimination, is not disabled. His wife, however, is, suffering from Polyarteritis Nodosa , a rare and debilitating autoimmune disorder. Stansberry sued Air Wisconsin Airlines under the...
Today's case is not about the facts, which are brutal, but rather on an issue of statutory interpretation. In Hernandez-Miranda v. Empresas Diaz Masso, Inc. , 2011 WL 2557012 (1st Cir. June 29, 2011), a woman sued for gender discrimination related...
All companies need to have employee handbooks containing corporate policies, such as anti-discrimination policy, vacation/sick leave policy and others. Recently, employers started amending their employee handbooks to include a new policy: that governing...