This time next week, I'll be in San Diego presenting on
workplace social media issues at the 2011 Human Resources & Employer Compliance Summit . If
past presentations are any predictor, I'll be spending a lot of time answering
By John B. Dudrey
A recent decision from
the Washington Court of Appeals, Pellino v. Brink's Inc. , serves as a
good reminder to employers everywhere about their obligation to provide employees
with required meal and rest breaks.
In Fulton v. ODJFS (11/3/11) [pdf] , the employee argued
that he was entitled to recover unemployment compensation because his employer
failed to follow its own progressive discipline policy when terminating him.
The court disagreed, noting that the...
The proper classification of a worker as an "employee" or "independent contractor" is one of the more important, but sometimes confusing, tasks faced by a business. In earlier posts, I've provided guidance on making the right classification...
& Lardner Labor and Employment Law Weekly Update (Week of November 7, 2011)
Occupy [Insert Your City] Is Coming to Town - Are You
Written by: John H. Douglas
You might have to live under a rock not to have heard
I received this question from calistair:
I have MS, every 4th Friday I have to take off work for a
treatment. I recently asked to take 2 hours of PTO on a Friday afternoon. My
supervisor responded via email with "The remainder of the group has...
By now, you've likely read or heard about the disturbing
sexual abuse scandal involving Jerry Sandusky, Penn State's former defensive
coordinator, and the decades-long cover-up perpetrated by the university to
protect its storied football program...
This week I plan to dedicate a few blog posts to highlighting some of the latest trends in social media and [fill in the blank]. Last month, the good folks at Fulbright & Jaworski , released their 2011 Litigation Trends Survey . The 2011 survey gathered...
What happens to an employee's social media account when
the employee leaves a company? One British court has answered this question by ordering a
former employee of a recruiting firm to turn over his LinkedIn contacts to his
In Lamons Gasket Co., the NLRB,
split 3-1, overruled Dana Corp., concluding that the decision "was flawed,
factually, legally, and as a matter of policy." In doing so, the Board majority
returned to the recognition bar doctrine as it existed...
The employment law Case of the Week is Walker v.
Jackson [ opinion available to lexis.com
subscribers] , an EEOC decision from October 6, 2011. It answers the age old question - if I get
invited to a same sex wedding celebration, was I subjected to...
by Vanessa L. Goddard
heard the expression "The best defense is a good offense." Well, this is
very true in the world of harassment law. For our devoted readers of this
blog, we know this is preaching to the choir, but it never...
by Phyllis Katz
With over two years of recession, jobs have been closed
for many, particularly new college graduates . Many of these eager graduates
are willing to work for nothing "Just to get the experience." Employers
want to accommodate...
On November 1, 2011, Politico.com in an article
by Seung Min Kim reported that a draft budget prepared by House Republicans
"zeroes in on the National Labor Relations Board, which would see its funding
cut by 17 percent, as well as several restrictions...
Staffing and other companies that hire nonimmigrant
workers through the H-1B program must remember to pay its nonimmigrant employees
the required wage rate throughout their employment, even during breaks between
staffing assignments. Failure to do...
In April 2011, a jury awarded Shana Maron $86,000, after finding
that she was paid less than her former male colleagues in Virginia Tech's
Office of University Development. In June, U.S. District Court Judge James Turk
threw out the verdict and...
Though it is not required by law, the best practice for a
company in New York is to retain its employees' personnel files for the
length of the employee's employment plus five years .
This is the case, among other reasons, because an
In Veal v. Upreach LLC (10/20/11) , an employee claimed
that her employer terminated her in retaliation for her contacting the EEOC.
The court of appeals, however, did not believe that the employee had presented
any evidence in support of her claim...
While we may share a love of hockey, beer and Justin Bieber, there remains many intangible cultural and legal differences between Canadian and US employment law. Given the global nature of most of the clients I work with, I frequently advise US employers...
Client Briefings and Web Seminars
Fulbright Hosts Municipal Bankruptcy Web
Seminar - "Modification or Discharge of Debt in a Chapter 9 Case"
On Thursday, October 20, Fulbright & Jaworski hosted
a web seminar discussing eligibility...
Denise M. Keyser and Farrah I. Gold
As many employers know, "whistleblower" retaliation
claims have proliferated in recent years, under the many federal and state laws
which recognize and protect whistleblowing activities. The Occupational...
Settles FLSA Case
by Daniel V. Johns and Kelly T. Kindig
A recent wage and hour settlement between Hofstra
University and 256 student workers highlights the pitfalls faced by a college
or university employing students.
Last week, a...
Lessons on Documenting Reasons for a Termination
by: Ryan N. Parsons
In Weaver v. Netflix, Inc. [ an enhanced version of this opinion is available to lexis.com
subscribers ], a federal trial court rejected an Oregon employer's
Politico has reported
that the National Restaurant Association paid out a five-figure settlement to
two women who accused Herman Cain of making sexually suggestive comments.
Here are the details on the story, from the Politico
A employee responded to a supervisor's LinkedIn request
with the following joke: "f**ktard." More than a year later, the company
discovered the "f**ktard" post while establishing its own corporate LinkedIn
site. After the company...