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...
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...
You Up to Date with the Latest Employment and Labor News
U.S. Supreme Court Upholds "Cat's Paw" Theory of
The United States Supreme Court recently upheld the
"cat's paw" theory for proving discrimination...
Employees Tracking Their Own Wages? The DOL
Has an App for That!
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
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...
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.
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...
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...
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...
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...
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...
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...
Final Dodd-Frank Rules Confirm Whistleblower
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...
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...
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...