by Keisha N. Jackson
As health care costs continue to rise, many employers are
considering creative solutions for keeping costs low without drastically
changing the benefits offered to active employees. Active employees who
have spouses on Medicare...
My Employer Said it Would Not Contest My
Pennsylvania Unemployment Claim; What Does That Mean?
I receive many phone calls from employees who accepted a
voluntary lay-off ("reduction in force" or "RIF") with a promise from their...
David Yamada is a law professor and the director of the New
Workplace Institute at Boston's Suffolk University Law School. He is also the
author of the Healthy Workplace Bill , draft model legislation that, if
ever passed, would impose liability...
New Jersey Boss Who Told Grieving Mother To Forget Deceased Daughter
The Superior Court of New Jersey (one step above a Common Pleas court
and one step below New Jersey's Supreme Court), issued a recent employment-law
decision that has...
The Florida Commission on Human Relations is the state equivalent of EEOC. In order to sue under the Florida Civil Rights Act, you must first file a Charge of Discrimination with them and let them investigate. They have a deal with EEOC that, if you file...
Andrew M. Schpak, Esq. served as a panelist on a
CLE regarding the Legal and Practical Implications of Disability Law at the ABA
YLD/GP/Solo Joint 2010 Spring Meeting in Saint Thomas, Virgin Islands. Here he
summarizes his presentation.
Since 2005, California has required employers with 50 or more employees to conduct sexual harassment training of supervisors within 6 months of assuming a supervisory position and biennially thereafter. Last week, Governor Brown signed AB 2053 into law...
Though it is not required by law, the best practice for a
company in New York is to retain its employees' personnel files for the
length of the employee's employment plus five years .
This is the case, among other reasons, because an
School's out for summer! Or it will be soon, and many
teens will start summer jobs or even their very first real job. Yet schools do
little, if anything, to prepare teens for the realities of the workplace. I'm
always shocked when I encounter...
A federal jury in Connecticut returned a unanimous verdict awarding a total of $1,499,891.70 to a man terminated by IBM when he was 61 years old. The jury also found that IBM “knew or showed reckless disregard for whether its termination of [the...
For many, Labor Day represents the beginning of football season or the last long weekend of the summer. However, there's more to Labor Day. It's a celebration of American workers and their contribution to our success as a nation.
John and Mary are co-workers. They are also Facebook friends. And both John and Mary have adjusted their respective Facebook privacy settings such that only Facebook friends can view what they post online from their individual accounts. Consequently,...
Is obesity a "disability" entitled to protection under the Americans with Disabilities Act?
As our nation allegedly gets more zaftig this question could take on enormous significance.
(By the way, did you know that Marilyn Monroe really...
What is this? A broken record?
Yesterday, I blogged about a recent NY appellate decision in which the court held that an employee who had sued her employer would have have to turn over her Facebook postings that related to the case.
Today, we head...
New Jersey's entire controversy doctrine generally
requires that a defendant assert in the same lawsuit any claims arising out of
the same transaction or occurrence that is the subject of an adversary's
lawsuit. If a defendant fails to assert...
I returned from a lovely three week trip to Italy with the souvenir that keeps on giving: pneumonia. It started out with sniffles. By Monday afternoon, I had a fever. Tuesday, I was coughing. On the Fourth, instead of enjoying barbecue and fireworks,...
Who owns your LinkedIn content? As described in my last
blog post , the battle over who owns social media content, and
particularly LinkedIn connections and any other social media "customer" list,
has yet to come. LinkedIn content will likely...
Yes it does. See Miller
v. Defiance Metal [ an enhanced version of this opinion is available to lexis.com
subscribers ], a 1997 case out of the Ohio Federal Court, which
provides an excellent discussion on why temp agencies and employers are
SAN FRANCISCO - The California Supreme Court unanimously
ruled Nov. 18 that statutory penalties for unpaid wages are not recoverable as
restitution under the state's unfair competition law (UCL), Business and
Professions Code Section 17200 ( Jorge...
If you work for the federal government and a co-worker
spreads false and malicious rumors about you that damage your reputation, it
will be very difficult to pursue a
claim for libel or slander against the individual in question. The recent
It has been a long time since we talked about the Family and Medical Leave Act, but a couple of interesting and noteworthy decisions came out this week from Way Out West.
Our first case, from a federal district court in Oregon, answered the following...
by Karin Jones
The wrongful discharge claims
of a medical marijuana user went up in smoke when the Washington Supreme Court
ruled in Roe v. TeleTech Customer Care Management (Colorado) LLC, 171 Wn.2d
736, 257 P.3d 586 (2011) [ an enhanced version...
Back in August, the United States Court of Appeals for
the Fifth Circuit decided a case and ruled that the Uniformed Services
Employment and Reemployment Rights Act ("USERRA") did not recognize claims of
hostile work environment based on...
by Lindsay M. Bouffard
Marissa Mayer, Yahoo's recently appointed CEO, has come
under fire for her decision to end Yahoo's telecommuting program. This drastic
measure has Human Resources professionals wondering whether a blanket ban on
The EEOC issued an informal discussion letter discussing whether the
requirement that an individual graduate high school is a permissible job
selection criterion under the Americans with Disabilities Act.
The EEOC addressed this
because, when employers...