by Rick L. Etter
Recently, Alcoa Mill Products Inc. agreed to pay over $500,000 in back wages to
39 female and minority applicants who were rejected for jobs at the company's
plant in Lancaster, PA. The payment was part of a settlement that...
Employee Email - When Does an Employee Have a
Right to Object to a Subpoena?
Andrew B. Serwin
One of the more challenging questions regarding email is
when it is appropriate to produce email content to a party in litigation. In
by Matthew B.
As most employers know, there has been considerable
litigation under the Fair Labor Standards Act ("FLSA") over the years regarding
whether employers must pay employees for time spent putting on and taking off
Yes it does. See Miller
v. Defiance Metal [ an enhanced version of this opinion is available to lexis.com
subscribers ], a 1997 case out of the Ohio Federal Court, which
provides an excellent discussion on why temp agencies and employers are
The Houston Texans Have Been Wildly
Unsuccessful During Their Entire Existence
The Houston Texans finished 6-10 in 2010, good for last
place in the AFC South. The AFC South is considered one of the weakest
divisions in the NFL. The Houston Texans...
Lots of people work for free-volunteers, interns,
students, and others all provide their time to businesses without receiving any
pay in return. Last week, the 6th Circuit, in Bryson
v. Middlefield Volunteer Fire Dep't [ an enhanced version of...
In the NLRB's final act before the long Labor Day
weekend, an Administrative Law Judge in Buffalo, NY, issued his decision in Hispanics United -the first written decision in an NLRB
case involving social media to result in an ALJ decision following...
A year ago, the 6th Circuit concluded that pregnancy-related impairments
that are not part of a "normal" pregnancy-such as miscarriage
susceptibility-can qualify for protection under the ADA. Spees v. James Marine, Inc.,
617 F.3d 380 [ an...
When an employee is required to miss work due
to a physical ailment, many different issues and/or laws come
into play. We break down the most common below.
WHAT IS SHORT-TERM DISABILITY?
The term Short-Term Disability ("STD") refers...
Employees should be aware that emails to their attorneys
originating from employer-owned equipment may not be protected by
attorney-client privilege even if the employees use their personal email
accounts to send such emails. It depends on the corporate...
by Vanessa L. Goddard
Several months ago, the Fifth Circuit Court of Appeals
(which covers Louisiana, Mississippi, and Texas) issued an extremely
interesting opinion and, in the process, became the first federal appellate
court to definitively address...
Today's case reminds us of a few things: 1) random
remarks that do not fit together will not create a circumstantial evidence case of
race discrimination; and 2) courts will generally find any basis to avoid
considering an attorney's fee claim...
We spend a lot of time debating the respective merits of fine points of
the law. The reality, however, is that judges are people too. Despite
their training, robes, and gavels, the decision of many cases comes down to one key fundamental
Affirmative Action Plan is the Solution to Discrimination Against the
We have in the past posted on the rampant,
insidious and harmful discrimination against the unemployed .
TLNT has posted an article of mine positing that, despite...
Generally, a union can become
employees' exclusive bargaining representative in one of two ways: a secret
ballot election following a presentation of signed cards by more than 30% of
the bargaining unit members, or a presentation of signed cards...
COBRA Subsidies End August 31, 2011 - Should
You Notify Employees?
Connor A. Sabatino
Recovery and Reinvestment Act created a federal subsidy for COBRA premium
payments of eligible individuals who were involuntarily terminated...
In Sunday's New York Times , University of Texas
economics professor Daniel Hamermesh penned an op-ed entitled, "Ugly? You May Have a Case." He argues that the law should
protect "ugly" the same as race, sex, and disability....
A few months ago, we posted an
excellent piece detailing some of the important things an employer should
try to do to avoid a sexual harassment claim, including how to appropriately
respond to one. Apparently, that message hasn't quite seeped in...
It's no secret that I'm not a fan of arbitration of employment disputes.
Conventional wisdom says that binding arbitration keeps down costs and speeds
up resolutions. I've yet to be convinced. Many employers, though, continue to
written before about the honest-belief rule - if an employer honestly
believed in the proffered reason for its action, an employee cannot establish
pretext, even if the employer's reason is ultimately found to be mistaken,
In Borough of Duryea v.
Guarnieri [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced version available from lexisONE Free Case Law ],
the Supreme Court held that a government employer is not liable...
Last December , the NLRB proposed a rule requiring employers
to post notices informing their employees of their rights as employees under
the National Labor Relations Act. This morning, the NLRB published its Final
Rule [pdf] mandating this posting...
Suppose you apply for a job. The job has certain dress code requirements for all employees. You, however, think the mandatory clothing will look unflattering on your over-40-year-old body. Do you...
1. Look for a different job?
2. Apply anyway...
A Michigan federal judge has slammed the EEOC for its
"reckless sue first, ask questions later strategy." After 11 years of
litigation, the court awarded the EEOC's target, Cintas Corporation,
$2,638,443.93 in attorneys' fees, costs...