Can a Facebook friendship between an employee and her
supervisor lead to a claim of disability discrimination under the Americans
With Disabilities Act (ADA)? Have a look at the facts in a recent case from a
federal court in Seattle, Washington and...
Anytime any piece of the NLRB takes action with regard to
an employer's social media policy, it's newsworthy (even if you're getting
tired of reading about it). Such is the case with G4S Secure
Solutions (USA) Inc. (3/29/12) [pdf] , decided...
Now in autotune .
(Betcha didn't expect that).
Yesterday, we were rapping (without the benefit of
autotune) about immigration status and unlawful discrimination and
concluded that Title VII of the Civil Rights Act of 1964 does not prohibit...
the good news: According to a recent survey conducted by FileTrek , 79% of Americans
believe that removing confidential files from the office is grounds for
termination. Here's the bad news: 90% think that employees do it anyway. What...
Most employers can fire you for any reason or no reason
at all. As I say in my upcoming book, that means they can fire you because they
didn't like your shoes that day. Or, as it turns out, the
color of your shirt .
The law definitely needs...
Reuters is reporting that a union representing employees at
a New York grocery chain has asked the NLRB to investigate whether the store's
social media policy is violates employees' rights to engage in protected
concerted activity under the...
UFCW Local 1500 filed a petition with the NLRB office in
Brooklyn, NY, alleging that NY grocery chain Stop & Shop's social-media
policy violates the National Labor Relations Act, reports Thomson
Reuters . The unions takes issue with the policy...
Ever heard of the phrase "sustained remunerative
employment?" In the world of workers' compensation, it means that if you are
earning money, or capable of earning money, you cannot be eligible for an award
of PTD (permanent total disability...
The subject of employer compelled disclosure of employee social media passwords has swept the blog and news worlds. Facebook has weighed in on the subject, and Senators Blumenthal and Schummer have asked the EEOC and the Department of Justice to investigate...
Here's a strange little case for ya . . .
A loss prevention manager for a major retail store chain
-- we'll call her "Loretta" -- had some performance issues in the
past but was only five days away from the satisfactory completion...
Last week, a widely circulated Associated Press article, Employers
Ask Job Seekers for Facebook Passwords , generated a ton of controversy. The
article includes stories of job interviewers requesting Facebook, and other
social network, usernames and...
A lot of ink has been recently spilled in both the popular media and the blawgosphere over the apparent trend of employers requiring job applicants to turn over their Facebook passwords as part of the hiring process. The coverage has been so thick and...
California Considers Joining Small but
Significant Trend Toward Prohibiting Discrimination Against Unemployed Job
Written by: Jeremy Wooden
The California assembly recently continued a trend of
federal and state legislatures seeking...
Overview of the Board's Significant Decisions and Other Actions
D. Bagley, Esq . and Adam L.
By all accounts, 2011 was a busy year for the National
Labor Relations Board ("Board"). In...
On March 22, 2012, the Senate passed the Jumpstart Our
Business Startups (JOBS) Act by a vote of 73-26. The House of Representatives
passed the JOBS Act on March 8, 2012 by a vote of 390-23. The Senate bypassed
its typical committee process to rush...
As an advocate for businesses, you might assume that I
stand behind an employer's decision to challenge an ex-employee's claim for
unemployment compensation. You'd be wrong. In fact, I believe that employers
are better served not challenging...
Late last month, in the culmination of almost a year's
work, the Equal Employment Opportunity Commission (EEOC) adopted a four-year
strategic plan for 2012-16.
The three stated goals of the plan are to:
Last Saturday was St. Patrick's Day, and many employees
celebrated it on Friday by wearing green and getting together after work.
story reported that 14 employees of a Florida law firm were fired for
wearing orange shirts. Traditionally, the...
If your job makes you want to kill yourself, are you a
"direct threat" to your own safety?
In what has to be one
of the weirdest ADA cases I've seen , a woman (let's call her
"Gladys") was hired as a temp for a tech company...
It's taken awhile for courts to start applying the
ADAAA-the January 1, 2009, amendments to the Americans with Disabilities Act
that rendered everyone with a medical condition disabled for
purposes of the disability discrimination law. With one...
In most discrimination cases, you only have to prove
discrimination was one of the motives your employer had in taking action
against you. For instance, if you announce you're pregnant and are suddenly
included in a mass layoff where others with...
No. In New York, a company may not deduct from an
employee's paycheck, charge against an employee's wages , or require an employee to reimburse the company for,
monetary losses to the company, even if the employee's carelessness caused the...
On April 4, 2006, Jerry Romans received a call
at work from his sister, who told him that his terminally ill mother was
unlikely to survive the night, and decisions needed to be made about whether to
keep her on life support. Prior, Romans had submitted...
Hey, that blog title looks familiar. Oh yeah! I wrote
about it here back
This time around, another federal court, the Tenth
Circuit Court of Appeals, has reaffirmed that while a "leave of absence
may be a reasonable accommodation...