There is no federal law that specifically prohibits
obesity discrimination. But is the Americans
with Disabilities Act broad enough to cover discrimination against the
obese? Well, if you read my blog regularly -- Hi Dad! -- you know that a hyper-obese...
I spend a lot of time writing and speaking about social
media and the workplace, a lot of which discussing what I call the Big 3:
Facebook, Twitter, and LinkedIn. Those 3, however, are not the only social
media sites that impact the workplace. An example...
I got this excellent question from flower on Ask A Manager recently:
Hi, I have a question about languages. I work in the shop
as a sales assistance. I am from other country and there are working 5 more
persons from the same country as me. So about...
The exchange of initial disclosures between parties in a
lawsuit brought in federal court is not generally considered the most useful
endeavor. The parties have to exchange a few pieces of information but, for the
most part, expect to get into the...
The American Bar Association sponsored a webinar this
week on the Americans with Disabilities Act, which was noteworthy for its
inclusion of EEOC commissioners Chai
Feldblum (Democrat) and Victoria
I'm usually such a doom...
What's the point of having a written handbook policy if
you aren't going to follow it? Better yet, what are the consequences of not
following that handbook policy?
(Hint: they're bad).
This recent federal-court age-discrimination decision...
by J. Michael
McGuire and Bryan O'Keefe
labor union strike, the physical location of strikers in relationship to the
employer's facility can impact the level of disruption to the employer's
business and therefore the...
The end of the college football
season frequently brings the terminations of coaches as schools
review the season and their programs. Such is the case for Texas A&M.
The university fired Mike Sherman as the head football coach on Thursday.
Back in August, I blogged about a case where a federal court held that an
employer inquiring about an employee's retirement plans, alone, does not
discriminate on the basis of age. But
what about relentlessly browbeating a plaintiff into retiring...
If you are an employer, or an attorney representing
employers (and if you're reading this blog I'd bet dollars to donuts you fall
into one of these categories), the Federal Courts Jurisdiction and Venue Clarification Act of 2011
How does a hip, cutting-edge company like Apple handle
its employees' use of social media? Apparently, pretty well. 9 to 5 Mac got its hands on the Apple Retail Blogging
and Online Social Media Guidelines , and published the details. There's...
In Specialty Healthcare and
Rehabilitation Center of Mobile , the National Labor Relations Board, as
expected, overruled the standard for appropriate unit determinations in the
nonacute care sector of the healthcare industry. In the process...
by James R. Hays and Jonathan Sokolowski
As we have previously written on this blog, New York's
Wage Theft Prevention Act ("WTPA") requires employers to provide annual pay
notices to employees between January 1 and February 1. Accordingly...
At a public hearing on November 30, the two union attorneys comprising the
current National Labor Relations Board (NLRB) majority voted to move forward
with proposed "ambush" or "quickie" election rules which
by Martin J. Saunders
Proper classification of workers as employees or independent contractors is an
issue which frequently confronts employers. Failure to properly classify a
worker can result in the employer being liable for the worker's...
Employers Should Guard Against "Regarded As"
Claims, Which Are Now Easier to Establish Under the ADA
by Caroline Hogan
In 2008, the ADA
was amended by the Americans with Disabilities Act Amendments Act (ADAAA). The
The West Virginia Supreme Court of Appeals has just
handed-down an opinion reviewing provisions of the Wage Payment and Collection
Act ("WPCA") that all employers will find interesting. In Lehman v.
United Bank, Inc ., Number 101486, (November...
It's that time of year again - the EEOC
Performance and Accountability Report has been released.
Recapping FY 2011,
the Report provides a glimpse into the inner-workings of the Equal Employment
Opportunity Commission - where it is going and...
If your business has employment practices liability
insurance, or deals with insurance companies for other coverages, you are
probably aware of the strange three-headed relationship that exists between you
(the insured), your insurance company, and...
Do you employ outside salespeople (pharmaceutical reps,
for instance)? If so, then you are going to want to pay attention to what will
transpire at the U.S. Supreme Court next year.
Yesterday, the Court agreed to hear Christopher v. SmithKline Beecham...
State and local governments traditionally provide employees with defined benefit pension plans, which guarantee a certain amount of retirement income for life. The economic downturn has impacted state and local government revenues and the costs associated...
Firing an Employee for FMLA Fraud Is Legal,
But the Proof Is Hard
David J.B. Froiland
An employee takes a day of FMLA leave, which is properly
certified by her doctor. However, the employee is later spotted at a birthday
party that day at...
by Michael McGuire and Bryan O'Keefe
Over the past year, the NLRB
has issued a series of cases and regulations favoring organized labor. Below we
review these decisions, which impact both union and non-unionized employers. Non-unionized...
Back in September, I joked that the National Labor Relations Board (NLRB) was on the verge of disbanding.
(Ok, maybe it wasn't "ha! ha!" funny. Just work with me here, will ya?)
Now, one week away from a scheduled November 30, 2011...
What is this? A broken record?
Yesterday, I blogged about a recent NY appellate decision in which the court held that an employee who had sued her employer would have have to turn over her Facebook postings that related to the case.
Today, we head...