In February 2012, the New York Court of Appeals - New
York State's court of last resort - held that where individuals, with an
intent to blackmail or extort from a wrongdoer, truthfully report, to
governmental officials, wrongdoing that is of public...
by Karen Elliott
Has your company joined the Twitter job posting trend? If it has, you may
unwittingly be discriminating against older applicants. While many of the
40 and older set have acclimated to Facebook and Linked-In, Twitter still
Did you hear the one about the 14
employees who were fired for wearing orange shirts ? If you didn't, you
don't live in the UK or Ghana or anywhere in the U.S., because the story made
the international news. I think the story hit a chord with...
If your business has employment practices liability
insurance, or deals with insurance companies for other coverages, you are
probably aware of the strange three-headed relationship that exists between you
(the insured), your insurance company, and...
It's that time of year again - the EEOC
Performance and Accountability Report has been released.
Recapping FY 2011,
the Report provides a glimpse into the inner-workings of the Equal Employment
Opportunity Commission - where it is going and...
The West Virginia Supreme Court of Appeals has just
handed-down an opinion reviewing provisions of the Wage Payment and Collection
Act ("WPCA") that all employers will find interesting. In Lehman v.
United Bank, Inc ., Number 101486, (November...
Employers Should Guard Against "Regarded As"
Claims, Which Are Now Easier to Establish Under the ADA
by Caroline Hogan
In 2008, the ADA
was amended by the Americans with Disabilities Act Amendments Act (ADAAA). The
By George , It Must Be Formal -
Informal Complaints May Not Be Protected by ERISA's Anti-Retaliation Provision
by Theodore T. Eidukas
Section 510 of the Employee Retirement Income Security
Act of 1974 (ERISA) protects an employee who "has...
Firing an Employee for FMLA Fraud Is Legal,
But the Proof Is Hard
David J.B. Froiland
An employee takes a day of FMLA leave, which is properly
certified by her doctor. However, the employee is later spotted at a birthday
party that day at...
by Martin J. Saunders
Proper classification of workers as employees or independent contractors is an
issue which frequently confronts employers. Failure to properly classify a
worker can result in the employer being liable for the worker's...
At a public hearing on November 30, the two union attorneys comprising the
current National Labor Relations Board (NLRB) majority voted to move forward
with proposed "ambush" or "quickie" election rules which
by James R. Hays and Jonathan Sokolowski
As we have previously written on this blog, New York's
Wage Theft Prevention Act ("WTPA") requires employers to provide annual pay
notices to employees between January 1 and February 1. Accordingly...
In Specialty Healthcare and
Rehabilitation Center of Mobile , the National Labor Relations Board, as
expected, overruled the standard for appropriate unit determinations in the
nonacute care sector of the healthcare industry. In the process...
How does a hip, cutting-edge company like Apple handle
its employees' use of social media? Apparently, pretty well. 9 to 5 Mac got its hands on the Apple Retail Blogging
and Online Social Media Guidelines , and published the details. There's...
If you are an employer, or an attorney representing
employers (and if you're reading this blog I'd bet dollars to donuts you fall
into one of these categories), the Federal Courts Jurisdiction and Venue Clarification Act of 2011
Back in August, I blogged about a case where a federal court held that an
employer inquiring about an employee's retirement plans, alone, does not
discriminate on the basis of age. But
what about relentlessly browbeating a plaintiff into retiring...
The end of the college football
season frequently brings the terminations of coaches as schools
review the season and their programs. Such is the case for Texas A&M.
The university fired Mike Sherman as the head football coach on Thursday.
by J. Michael
McGuire and Bryan O'Keefe
labor union strike, the physical location of strikers in relationship to the
employer's facility can impact the level of disruption to the employer's
business and therefore the...
What's the point of having a written handbook policy if
you aren't going to follow it? Better yet, what are the consequences of not
following that handbook policy?
(Hint: they're bad).
This recent federal-court age-discrimination decision...
The American Bar Association sponsored a webinar this
week on the Americans with Disabilities Act, which was noteworthy for its
inclusion of EEOC commissioners Chai
Feldblum (Democrat) and Victoria
I'm usually such a doom...
The exchange of initial disclosures between parties in a
lawsuit brought in federal court is not generally considered the most useful
endeavor. The parties have to exchange a few pieces of information but, for the
most part, expect to get into the...
I got this excellent question from flower on Ask A Manager recently:
Hi, I have a question about languages. I work in the shop
as a sales assistance. I am from other country and there are working 5 more
persons from the same country as me. So about...
I spend a lot of time writing and speaking about social
media and the workplace, a lot of which discussing what I call the Big 3:
Facebook, Twitter, and LinkedIn. Those 3, however, are not the only social
media sites that impact the workplace. An example...
There is no federal law that specifically prohibits
obesity discrimination. But is the Americans
with Disabilities Act broad enough to cover discrimination against the
obese? Well, if you read my blog regularly -- Hi Dad! -- you know that a hyper-obese...
In Kasten v. Saint-Gobain Performance Plastics , the United
States Supreme Court concluded that the anti-retaliation provision of the Fair
Labor Standards Act covers oral complaints - but only if they are "sufficiently
clear and detailed for a...