On May 16, 2012, in an Advice Memorandum, the Office of
the General Counsel ("GC") of the National Labor Relations Board
("NLRB") considered whether a standard policy prohibiting outside
employment violated an employee's rights...
Effective January 1, 2013, the Internet Privacy Protection Act went into effect.
The law prohibits employers from requiring employees or applicants to
grant access to; to allow observation of; or to disclose information that
allows access to personal...
A federal judge in Pennsylvania held
this week that U.S. Steel had the right under the Americans with
Disabilities Act to conduct random alcohol tests on probationary
employees at a coke
plant , granting summary judgment to the company in...
Many people who are trying to figure out whether they've
been the victim of discrimination miss an obvious way to find out how much
coworkers are making: asking them. Some employers try to prevent this by
putting in handbooks or contracts a provision...
by Ann Kontner
It seems that as Human Resources professionals we have
been inundated with information about the new definition of the term
"disability" under the ADA Amendments Act (ADAAA) of 2008. Furthermore,
it has been burned into...
On this edition, Douglas Weiner, Senior Trial Counsel in the Labor and Employment practice in Epstein Becker & Green's New York office, discusses new DOL initiatives, including increased funding and hiring, and provides tips for employers in handling...
Much has been written (including by me) on the topic of
how to distinguish an independent contractor from an employee. I have also
written about the importance of "work for hire" or "freelancer" agreements when
working with independent...
Kevin LaCroix of Oakbridge Insurance Services and author of The D&O Diary discusses a recent NERA Economic Consulting publication outlining a trending increase in wage and hours litigation, as well as the implications for employment practices liability...
Yesterday, the Supreme Court unanimously reversed the
certification of the class action in Wal-Mart Stores, Inc. v. Dukes ( discussed here ) . Recall that Dukes
sought the certification of a nationwide class of 1.5 million female Wal-Mart
Today, my daughter started kindergarten. To commemorate
this milestone, this month's Employment Law Blog Carnival celebrates the
synergy between the simple lessons we learn early in life and the places we
work later in life (with apologies to Robert...
When an employee is required to miss work due
to a physical ailment, many different issues and/or laws come
into play. We break down the most common below.
WHAT IS SHORT-TERM DISABILITY?
The term Short-Term Disability ("STD") refers...
With unemployment continuing to skyrocket, the
competition for jobs is stiff. There is an old adage that "you need a job
to find another job." To the extent this adage is given credence by those
making hiring decisions, it appears to reflect...
On this edition, Darrell R. VanDeusen of Kollman & Saucier, P.A. in Timonium, Md. discusses the U.S. Supreme Court decision in City of Ontario v. Quon , prior cases in which the court addressed searches in the public sector workplace, and the most...
WASHINGTON, D.C. - (Mealey's) An employer may not use
third-party reprisal as a means of retaliating against the third party's
fiancée, an employee who filed a discrimination claim, and the third-party
employee has standing to sue the...
by Arthur Silbergeld and Jessica Boar of Bingham McCutchen
Counsel for Plaintiffs' time before the Supreme Court during
oral argument on Tuesday morning probably felt more like years than an
hour. The Court pounded Plaintiffs'
Avoiding Liability for Retaliation
by Bernard J. Bobber
Retaliation claims are proliferating and are unlikely to
subside anytime soon. The EEOC reported that in its last fiscal year,
retaliation claims were the most common type of claim asserted...
H. Salgado , Kyle D.
As the world economy expands with increasing global connections,
we find that more and more of our clients operate in foreign locations or hire
foreign workers. There are a number of statutes and rules to be...
by Dawn Lurie and Kevin Lashus
Attorneys from Greenberg
Traurig's Business Immigration & Compliance practice group have written a
piece on what the costs are of using E-Verify to check whether employees are
permitted to work in this country...
On June 24, 2011, New York Governor Andrew Cuomo signed
into law the Marriage Equality Act, Bill No. A08354 . Effective
July 24, 2011, the Marriage Equality Act (also referred to in this post as "the
Marriage Equality Act" or "the Act"...
By: Mike DeCamps
As has been widely reported, The National Labor Relations
Board (NLRB) issued a final rule on August 25, 2011 requiring all employers
subject to the NLRB jurisdictional standards to post an 11 x 17 notice form
by Joseph U. Leonoro
As we have discussed before on this blog, the National
Labor Relations Board ("NLRB") is focusing much attention on social
media. In particular, several complaints have been filed recently that
allege that employers...
DISCLAIMER: Today's post has absolutely nothing to do
with Veterans Day. But thank you, veterans!
Last week, I was pretty hard on Herman
Cain and his response to allegations of sexual harassment . Since then, two
women have come forward publicly...
This week the US Supreme Court decided the case of Wal-Mart Stores, Inc. v. Dukes , 2011 WL 2437013 (June 20, 2011), a case up on appeal after the Northern District of California and the Ninth Circuit Court of Appeal certified a nationwide class of 1...
In most states, your company handbook isn't a contract.
They don't have to follow their own procedures. However, some employers are
starting to make employees sign them and add things like an agreement to
arbitrate all claims against the employer...
Back in June, the United States Supreme Court ruled that a class of 1.5 million women could not pursue gender
discrimination claims together against Wal-Mart because they lacked a
If, at first, you don't succeed, file this Complaint...