On November 21, 2011, President Obama signed into law the
federal 3% Withholding Repeal and Job Creation Act, P.L. 112-56. Title II
of the 3% Withholding Repeal and Job Creation Act is known as the Veterans
Opportunity to Work to Hire Heroes Act of...
Legislation, both state
and federal, prohibiting employers from requesting an employee's or applicant's
password continues to make progress. In Particular, the pending bills in
California and New Jersey passed to the next level of their respective...
by Joseph U. Leonoro
A few weeks ago in this forum, we talked about an
important opinion from the Sixth Circuit Court of Appeals - the Circuit in which
Kentucky and Ohio sit - on associational discrimination. Well, that Court
must be enjoying its...
On Donna Ballman's blog, Screw You Guys, I'm Going Home , she
argues for a radical change to at-will employment. She believes that
unemployment hearing officers should have the power to reinstate, with back
pay, anyone fired without just cause...
May Be Eligible For Unemployment In PA If You Quit Your Job
If you quit your job, you may be eligible for PA unemployment benefits if you
had a necessitous and compelling reason to quit . Here are some of
the most common examples of a necessitous...
If big corporations wonder why average Americans think
they're pond scum, they need look no further than the recent efforts of the
Florida Retail Federation in favor of allowing companies to steal your wages.
That's right. The Florida Retail...
Yesterday afternoon, the EEOC announced its long awaited,
and, by employers, long dreaded, Enforcement
Guidance on the Consideration of Arrest and Conviction Records in Employment
Decisions under Title VII (along with a short and sweet Q&A ). ...
Compliance convergence can take many forms. In an article
entitled " Pass
the ICE Test: Nine I-9 Record Keeping Tips " published in the February
6, 2012 edition of the Texas
Lawyer , author Karen-Lee Pollak explores one of these important...
But, if you think they do -- maybe you read this article last week -- then I have a bridge in Brooklyn to sell you , sucker.
Come on! The sky isn't falling. Demanding social media
access from employees and potential hires and is most definitely...
When Indiana Gov. Mitch Daniels (R) signed HB 1001 in
February - making the Hoosier State the 23rd overall and the first since
Oklahoma a decade earlier to adopt so-called "right-to-work"
legislation that allows workers to avoid paying union...
Employers who require job-seekers to turn over their
Facebook passwords remain a mystery to me. Really, what are they thinking? As
if the potential negative publicity alone is not enough of a deterrent, you'd
think that employers would be aware...
With Easter and Passover almost upon us, what better
topic than a new case on the ministerial exception to Title VII?
A federal judge in Ohio has recently refused
to dismiss * a lawsuit brought by a former teacher at a Catholic school who
I've written before about the high risks companies face
from wage and hour class/collective lawsuits ( here's one example ). Here's another factor to consider: the
exorbitant costs imposed by e-discovery and employers' obligations to...
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...
An employee does not become eligible to take FMLA
leave until he or she has worked at least 1,250 hours and 12 months. But,
according to the 11th Circuit, being eligible to take leave is not the same as
being eligible to request leave. Employers should...
Even though the modern calendar contains 365 days, it
actually takes 365 days and 6 hours for the earth to complete one rotation of
the sun. To account for these extra 6 hours, every 4 years contains 366 days,
not 365 (to be precise, it's years...
Earlier this week, the EEOC published Veterans and the Americans with Disabilities Act (ADA): A
Guide for Employers . In this guide, the EEOC asks the following
May a private employer give preference in hiring to a
veteran with a disability...
by Mark Jeffries
A federal court in Ohio recently decided what it deemed
"a close case" regarding overtime exemptions under the Fair Labor Standards Act
("FLSA"). In Foster v. Nationwide Mutual Insurance Company , the
The National Employment Lawyers Association (NELA), which
is the employee-side lawyers' organization, just released a study called Judicial
Hostility to Workers' Rights: The Case for Professional Diversity on the
Federal Bench . The statistics...
At her cleverly-named employee-side blog , Donna Ballman reported
on a study published by the National Employment Lawyers Association -an association of
plaintiff-side employment lawyers-which concluded that plaintiffs only win 15%
of employment cases...
Last year I wrote a post entitled The Employer's Bill of Rights . It remains one of the
most read and most commented-upon posts in the five-year history of this blog.
In that post, I argued that employers need certain protections from the litany...
When an employee sues his former employer alleging a
religiously hostile work environment, he must prove, among other things, that
he was subjected to harassment based on his religion and that the harassment
was either severe or pervasive.
Christine Rubino had been
a teacher in Brooklyn for 15 years without any disciplinary history when she
was terminated in response to comments she posted about students on her
Facebook page. Specifically, Rubino posted that her 5th-grade students
When you think of Iowa, you think of things like
corn and caucuses, but not necessarily employment discrimination. There
is a case, however, in state court that may give Iowa something else to be
known for---implicit bias.