Labor and Employment Law

Recent Posts

The EEOC and racial harassment: calling a spade a s---e
Posted on 16 Jul 2012 by Jon Hyman

The EEOC has published a website detailing 42 racial harassment cases it has litigated over the past three years. The purpose of the website, I think, is to bring awareness to the agency's efforts to combat this insidious form of discrimination. Sexual... Read More

Transfer preferences to vacant positions as an ADA reasonable accommodation continue to baffle courts
Posted on 14 Sep 2012 by Jon Hyman

A disabled employee comes to you and asks for a transfer to an open and available position as a reasonable accommodation? Do you grant the request? For the time being, there is no clear answer to this difficult question. The ADA includes "reassignment... Read More

Babst Calland Employment Bulletin
Posted on 1 Jun 2011 by Babst Calland

Keeping You Up to Date with the Latest Employment and Labor News U.S. Supreme Court Upholds "Cat's Paw" Theory of Discrimination The United States Supreme Court recently upheld the "cat's paw" theory for proving discrimination... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of May 16, 2011)
Posted on 17 May 2011 by Foley & Lardner LLP

Employees Tracking Their Own Wages? The DOL Has an App for That! By David J.B. Froiland Last week, the U.S. Department of Labor announced the launch of its first application for smartphones, an iPhone ® timesheet to help employees independently... Read More

Free Download: Sutherland Alert-2011 Regulatory Agendas for Employee Benefits Published by Treasury and DOL
Posted on 14 Jan 2011 by Sutherland Asbill & Brennan LLP

by Joanna Myers and Mark Smith In December 2010, the principal regulators of U.S. employee benefits published their guidance plans for the coming months. On December 7, 2010, the U.S. Treasury Department and the Internal Revenue Service... Read More

Lunch with Justice Scalia
Posted on 9 Jun 2015 by Ashley Kasarjian

I initially wanted to hold off on posting this article in order to not inundate the blog with Justice Scalia posts back-to-back ( see Abercrombie case ) but I got to thinking— Could there ever be too much Scalia ? I don’t think so. Regardless... Read More

Pay attention: NLRB issues its second social media decision in a month (Knauz BMW)
Posted on 4 Oct 2012 by Jon Hyman

Late last week, the NLRB issued its second decision in a case involving employee use of social media. In Karl Knauz BMW , the Board concluded that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal... Read More

Pop quiz: Can you condition a job offer on a withdrawal of an EEOC charge?
Posted on 21 Jun 2012 by Jon Hyman

Consider the following chain of events: 8/14: Pregnant Employee, armed with a doctor's note, asks for modified duty, and employer terminates her. 8/15: Employee files an EEOC charge. 8/18: Employer reconsiders, changes its mind, and decides... Read More

Of new dogs and new employees: communicating value is key
Posted on 13 Jul 2012 by Jon Hyman

Last Thursday, my family and I drove to Battle Creek, Michigan, to pick up our new puppy. I cannot give the breeder ( Jon Peck, Midnight Run Vizslas ) higher marks. He spent two hours with us explaining the ins and outs of what we could expect with our... Read More

Which New York Employment Laws Apply to My Small Business?
Posted on 5 Apr 2013 by David S. Rich

Potential clients often ask me questions along the lines of: "My company is just a small employer. Does this [New York State or New York City] statute apply to me?" That is, prospective clients often inquire whether, in light of the number... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 8, 2011)
Posted on 8 Aug 2011 by Foley & Lardner LLP

Noncompete Enforcement in California: The Times They Are a Changin' By Jeffrey S. Kopp We all may know that California does not permit enforcement of most noncompete agreements. Despite this broad prohibition, the federal court's recent decision... Read More

Meyer on How Lawyers Can Effectively Market Themselves Through Social Media
Posted on 15 Oct 2015 by Eric Meyer

My kids know me as dad. You folks; however, know me as a blogging all-star , one of the lawyers who’s killing it on Twitter , and an all-around social-media dynamo. *** you can stop clapping now *** While you’ll probably never catch... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of June 13, 2011)
Posted on 14 Jun 2011 by Foley & Lardner LLP

Final Dodd-Frank Rules Confirm Whistleblower Protections By Paul R. Monsees On May 25, 2011, the SEC issued final rules to clarify certain whistleblower provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act . The key feature... Read More

Ohio joins the fray on employers asking for social media passwords
Posted on 29 May 2012 by Jon Hyman

It was only a matter of time before Ohio joined the list of states to introduce legislation that would prohibit employers from asking for social media passwords. Senate Bill 351 , introduced late last week, would amend Ohio's employment discrimination... Read More

Employee Benefits Guide
Posted on 13 Jan 2011 by LexisNexis Labor & Employment Law Community St

Employee Benefits Guide provides detailed analysis of the statutes, regulations, case law, and opinion letters relating to employee benefits. It examines coverage under the Employee Retirement Income Security Act of 1974 (ERISA); ERISA's reporting... Read More