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
WASHINGTON, D.C. - (Mealey's) A private attorney who is
temporarily retained by the government to carry out the government's work may
seek qualified immunity from a lawsuit under 42 U.S. Code Section 1983, a
unanimous U.S. Supreme Court ruled...
Hoping to boost their investment returns and shrink
looming deficits, public pension systems across the nation have been turning to
riskier investments, such as private equity and hedge funds. But their returns
haven't been rising nearly as much...
The lawfulness of employer's social-media policies under
the National Labor Relations Act (NLRA) continues to be a hot topic. Although
the position of the National Labor Relations Board (NLRB) continues to be
hostile towards these policies. And...
With Easter and Passover almost upon us, what better
topic than a new case on the ministerial exception to Title VII?
A federal judge in Ohio has recently refused
to dismiss * a lawsuit brought by a former teacher at a Catholic school who
A teacher's aide in Michigan was disciplined for
refusing the request of the school district superintendent to show him her
Facebook profile page at a meeting. She had posted a picture sent to her
by a co-worker which showed the co-worker's...
May Be Eligible For Unemployment In PA If You Quit Your Job
If you quit your job, you may be eligible for PA unemployment benefits if you
had a necessitous and compelling reason to quit . Here are some of
the most common examples of a necessitous...
A severance agreement helps to allow businesses to ensure
that former employees don't sue. The concept is fairly simple: in exchange for
$X, the former employee agrees to release the company from every claim under
the sun from the beginning of...
On Donna Ballman's blog, Screw You Guys, I'm Going Home , she
argues for a radical change to at-will employment. She believes that
unemployment hearing officers should have the power to reinstate, with back
pay, anyone fired without just cause...
Most employers can fire you for any reason or no reason
at all. As I say in my upcoming book, that means they can fire you because they
didn't like your shoes that day. Or, as it turns out, the
color of your shirt .
The law definitely needs...
the good news: According to a recent survey conducted by FileTrek , 79% of Americans
believe that removing confidential files from the office is grounds for
termination. Here's the bad news: 90% think that employees do it anyway. What...
Now in autotune .
(Betcha didn't expect that).
Yesterday, we were rapping (without the benefit of
autotune) about immigration status and unlawful discrimination and
concluded that Title VII of the Civil Rights Act of 1964 does not prohibit...
Anytime any piece of the NLRB takes action with regard to
an employer's social media policy, it's newsworthy (even if you're getting
tired of reading about it). Such is the case with G4S Secure
Solutions (USA) Inc. (3/29/12) [pdf] , decided...
Employers who require job-seekers to turn over their
Facebook passwords remain a mystery to me. Really, what are they thinking? As
if the potential negative publicity alone is not enough of a deterrent, you'd
think that employers would be aware...