Is discrimination ever legal? Most definitely. We all
discriminate all day, every day. For example, nearly every morning, I
discriminate against decaf coffee in favor the full-strength brew. The two pods
are similarly situated right there in the rack...
On May 6, 2011, after an eight-day hearing, an
arbitration panel of the Financial Industry Regulatory Authority, Inc.
("FINRA"), sitting in Philadelphia, Pennsylvania, held that a discharged broker
of Bank of America Corp. ("BAC"...
K. Newman, Partner and chair of the employee mobility and trade secret practice
at PaulHastings, discusses the Computer Fraud and Abuse Act in the context of
an employee's "authorized" use of company systems for unauthorized purposes...
Let's say you operate a business in NJ. Your disabled
employee comes to you requesting an accommodation for his disability. Does the
mere failure to provide that accommodation trigger a claim under the New Jersey Law
Against Discrimination (NJLAD...
One of the key analyses in any discrimination lawsuit is
whether the plaintiff is "similarly situated" to those whom he or she claims
the employer treated more favorably. If the plaintiff can establish disparate
treatment of those "similarly...
The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations,
29 C.F.R. § 510 et seq. , require that most employees in the U.S.
be paid not less than the federal...
Mother's Day is long past, but you'd never know it -- in
employment law, this has been the Week of the Moms. Here's a roundup - tell us
what you think!
First up: Title VII's
ban on pregnancy discrimination includes discrimination...
This will continue my attempt to explain some of the legal mumbo jumbo in your employment contract, and why the lawyers put it there. Today, I'll talk about confidentiality. You may see a sentence or two in your agreement that look something like...
In early April, a California court issued a published
decision holding that an employer who employs piece rate employees must
compensate those employees at the piece rate for all piece rate work and at a
rate of at least the minimum wage for each hour...
should employers conduct employee valuations?
What are the risks of poorly drafted performance evaluations? What should employers do to avoid when they
are in the position of giving a negative review? Who should conduct...
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...
Supreme Court held that a terminated employee may have a claim for retaliation
under Title VII, even though that employee never opposed or participated in
protected activity, but alleged that his termination was the company's response
You are receiving $500 per week in Pennsylvania
Unemployment Benefits and have been offered part-time work as an independent
contractor, paying you $200 per week. You understand that if you earn 40%
or less of your weekly Unemployment Benefit rate...
by Walter I. Skinner
On August 26, 2011, the U.S. Department of Labor issued its final rule
implementing President Obama's Executive Order 13495 entitled "Nondisplacement
of Qualified Workers Under Service Contracts", which threatens...
A party’s “right to privacy” in the context of social media is the subject for numerous motions in civil litigation. The scenario goes like this: Plaintiff sues defendant, alleging injuries. Defendants seeks discovery of Plaintiff’s...
If an employee complains that her supervisor is sexting her, making unwelcome physical contact, and telling her that she can get a better work schedule in exchange for "small favors," you better damn well investigate that!
Ignore it and you...
On this edition, Deborah A. Ausburn of Taylor English Duma LLP in Atlanta discusses Solis v. Laurelbrook Sanitarium and School, Inc. (No. 09-6128, 6th Cir., April 28, 2011) and the 6th Circuit's use of the primary benefits test to find no violations...
Employment At Will: The Most Commonly
Misunderstood Principle in the Workplace
Most Americans have a general understanding of the "employment at
will" doctrine. They understand that it means that they are not guaranteed
by Karin Jones
The Oregon Supreme Court has
confirmed that employers are not obligated to accommodate the use of medical
marijuana by disabled or other employees, holding in Emerald Steel Fabricators,
Inc. v. Bureau of Labor and Industries, 348...
Some of you may recall the story of Heather Armstrong, the first person to get "dooced" (fired for blogging about her employer). The word "dooce" originated from Ms. Anderson's personal blog. According to a recent Wikipedia search...
When it comes to the pay gap between men and women, I am a skeptic.
Well, wait a minute. Let me try that again. I'm not skeptical about the existence of the pay gap. I'd be a fool to deny all that cold, hard reality. I just don't think...
by Krista N.
H ardwick & Clay D. Creps
An employer's right to monitor and restrict what its employees say about the
company on websites such as Facebook, Twitter and personal blogs may have
drastically changed. The National Labor Relations Board...
I doubt there is anything more dry than reading a blog post about mandatory workplace government posters, but it's a mandatory requirement that comes with fines and cranky inspectors if you don't comply with the requirements. And I will try to...
Two lawsuits filed in the past 11 days by the EEOC serve as a reminder that the mandatory “interactive process” under the Americans with Disability Act requires the employer to at least discuss whether there is an appropriate reasonable accommodation...
Random testing means choosing workers for tests at
random, without suspicion, and without advance notice of when the test will
take place. Random testing may also encompass the testing of all
employees in a company (or a given division of a company...