The Peace Corps asked the EEOC for an opinion on the
legality of its use of conviction and arrest records to screen potential
volunteers. In response, the EEOC published an informal opinion letter , which offers
guidance for employers who are considering...
Labor Board Ruling Gives Unions More Rights
to Organize Smaller Subgroups of a Company's Workforce
by: Bernard J. Bobber
In our September 6, 2011 update, our article entitled, " The NLRB Continues Its March to the Left "...
On October 17, 2011, the U.S. Occupational Safety and
Health Administration (OSHA) announced that it had recently published new and
revised information that explains workers' and employers' rights, as well as
how to protect employees from hazards...
We previously wrote
about the EEOC's increasingly aggressive position against inflexible leave of
absence policies that provide for automatic termination of employment when an
employee does not or cannot return to work at the end of a specified...
As they said at Bunker Hill, "Don't fire until
you see the whites of their eyes!"
Last week, I wrote about early motions to dismiss
employment lawsuits under Rule 12(b)(6) and questioned whether they were always
the best strategy for...
One of my favorite bloggers, Jon Hyman, was just saying
recently that social
media and privacy cannot coexist . Even on their own time -- out of the
office -- what employees say and do online can have an impact on the workplace.
Teachers are prime...
By Thomas S. Kleeh
the Fourth Circuit Court of Appeals was asked to address a specific yet
important issue under the Fair Labor Standards Act (FLSA). Specifically,
the Court was asked to address whether an applicant - who had been given...
Jumping back into part three of the trifecta, addressing
the impact of social media on the policies and practices of companies, the NLRB
released a report detailing 14 cases from the past year - many of which I
covered in Employment and the Law . I...
Yesterday, the Supreme Court granted certiorari in Elgin
v. Dep't of Treasury . The Petitioner's
Brief describes the issue and the existing circuit court split:
Do federal district courts have jurisdiction over
constitutional claims for...
The FMLA allows for two different theories of
recovery-interference and retaliation. Interference is when an employer
denies an FMLA benefit to which an employee is entitled and of which the
employee provided notice. Retaliation is when an employee's...
Last week, Rep. Lynn Woolsey (D-CA) reintroduced the Domestic Violence Leave Act , which expands paid leave
options for victims of domestic abuse, sexual assault, or stalking.
Details of the Domestic Violence Leave Act
Here is a brief summary of...
By James C. Wright
Every employer and human resource professional with an
interest in West Virginia needs to be aware of a recent decision from the West
Virginia Supreme Court of Appeals concerning the Wage Payment and Collection
Act, W. Va. §...
This time next week, I'll be in Denver to speak about
workplace social media issues at the annual Meritas Litigation and Labor & Employment Conference.
In preparing for my session, I came across the following statistics (taken from
So your employer called you incompetent. Or you disagree
with your write-up. You're hopping mad. It's a lie! You're ready to sue. Slander.
Libel. It has to be something you can sue for, right? Meh. Probably not.
Slander and libel are in...
Today we look at USAmeribank v. Klepal , 2011 Fla.
App. LEXIS 16156 (Fla. 2d DCA Oct. 12, 2011) [ an enhanced version of this opinion is available to lexis.com
subscribers ], a case about a poor judgment debtor having
his wages garnished. In Klepal ,...
During my appearance on The Sound of Ideas to discuss social media in the workplace , NLRB General Counsel Lafe Solomon made an interesting point about the accessibility of employees' social media by employers. The question arose as to whether employees...
Part two of the trifecta is the Nielsen State of Social Media Report . It focuses on how
powerful social media is on consumer behavior . This report is a little
less law and a little more social media , but I wanted to include
it in this summary because...
Heat Turned Up on Alleged Worker
by: John F. Birmingham, Jr.
The classification of workers as independent contractors
has been a focus of multiple federal and state agencies for at least the past
two years. However...
Can employers refuse to hire a applicants for their
tobacco use? In most states, the answer is "yes." Unless the candidate is applying
for a job in a State with a "smokers'-rights statute," an employer can
refuse to hire candidates...
There has been so much talk lately about the future of
social networking and the need for a well-drafted social media policy that I
can hardly keep up. Good thing I don't have to. Several reports - from
SHRM, Nielsen, and the NLRB Office of the...
This post has been a long time coming... but at long last
it's the final post in the four-part
series on the NLRB's social
media memo . This post will address the NLRB's position on (what it views
as) overly broad social media policies...
In yesterday's post , we looked at whether a morbidly-obese
employee is protected under the Americans with Disabilities Act.
Today, let's apply yesterday's discussion to a
"real-world" example. Is Homer Simpson disabled? And...
According to Liz Ryan, writing at Businessweek.com . "Actual employee rights in the
U.S. are fairly limited." She posits that because "it's legal to make hiring
and termination decisions for random (nondiscriminatory) reasons"...
You Up to Date with the Latest Employment and Labor News
Posting Requirement Delayed by the National Labor Relations Board
On October 5, 2011, the National Labor Relations Board
("the Board") announced that it is postponing...
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...