Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September 27, 2012, California Governor Jerry Brown signed into law AB 1844 , which prohibits employers from requiring...
Let's say an employee sues you, claiming that you
withheld certain wages owed under the Fair Labor Standards Act. In addition to
defending the lawsuit, you make her what is called an "offer of judgment" to
make her whole for all wages...
WASHINGTON, D.C. - (Mealey's) An employer's offer of judgment in an
amount representing alleged unpaid wages plus attorney fees, costs and
expenses under Federal Rule of Civil Procedure 68 to an employee who brought a
collective action under...
Less than two years ago, Wisconsin Gov. Scott Walker (R)
announced plans to strip public employees of their collective bargaining rights
as a means of shoring up the state budget, touching off a wave of efforts
across the country aimed at curbing union...
A firefighter in New York has a disciplinary hearing resulting from his failure to show up for work during Hurricane Sandy. The fire department claims he's facing discipline for going AWOL but the firefighter claims it's something else . . . his...
In my previous post about EEOC v. Original Honeybaked Ham Co. of Ga., , I described a somewhat ambiguous, if not unusual, procedure for the production and review of individuals' social-media accounts ordered by a Magistrate Judge. In short, the Judge's...
With all the votes counted, even in Florida, David Weisenfeld moderates a
panel discussion on what the results mean for HR and key employment
issues to watch. Appearing on the panel are employer-side attorney
Anthony Oncidi of Proskauer Rose in...
So captivating that, at 35 pages long, it held my attention for 24 of them. Winning!
I'll whet your whistle with the opening paragraph of EEOC v. The McPherson Cos., Inc. :
This Title VII case revolves around repeated churlish, childish, gross...
On Monday, the Supreme Court heard oral argument in one
of the key employment cases it will hear this term- Vance v. Ball St. Univ. This
case asks whether one can qualify as a supervisor under Title VII if one is
given any authority to direct and oversee...
WASHINGTON, D.C. - (Mealey's) The Third Circuit U.S.
Court of Appeals erred in ruling that a health plan administrator's claim for
reimbursement against a plan participant is subject to equitable limitations,
including unjust enrichment, under...
WASHINGTON, D.C. - (Mealey's) The "supervisor" liability
rule established in Faragher v. City of Boca Raton (524 U.S. 775 )
and Burlington Indus., Inc. v. Ellerth (524 U.S. 742 ) should
apply to harassment by supervisors even...
WASHINGTON, D.C. - (Mealey's) The Oklahoma Supreme Court
failed to properly apply a basic tenet of the Federal Arbitration Act (FAA)
when it declared the noncompete agreement in two employment contracts null and
void rather than leaving the determination...
Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness returns next week.)
The discoverability of social-media evidence is far from a settled question. Many of the few cases that have addressed the question are employment claims. And the latest such decision is no exception. In EEOC v. Original Honeybaked Ham Company of Georgia...
In tough economic times, harassment training tends to be
viewed as a luxury that can be gone without until things get better.
I understand this thinking, but harassment training on a
regular basis is never a "luxury." It's a "cost...
In Nyquist v.
Tilden Mining Co. , the Michigan Court of Appeals found that it did not need
to reach the issue of whether the plaintiff was working under a just cause
contract because the employer had established "ample documentary
Last Tuesday night, I was in Las Vegas.
Actually, I had the pleasure of participating in a Google+
Hangout for an interactive Q&A on social media topics that took place
in Last Vegas from #KronosWorks12 .
Along with NPR's...
I've written before about the practical problems employers
face when trying to ban employees from accessing social media at work.
Last week, an NLRB administrative law judge provided us
another reason for employers not to implement workplace...
On September 21, 2012, New Jersey
Governor Chris Christie signed into law a statute, N.J.
State Assembly Bill No. A2647 , N.J.
State Senate Bill S1930 , requiring New Jersey
employers with 50 or more employees to post in the workplace and to provide...
The Congressional Office of Compliance recently published
that shows that the number of harassment and discrimination complaints by
Congressional employees has increased over the past five years. The report,
entitled "State of the Congressional...
I spoke this morning at a roundtable discussion regarding
the use of criminal record information obtained through background checks and
also data privacy and security at a Human Resources Committee roundtable hosted
by the American Council of
Courts are all over the map on whether to order the disclosure of an employee's social media accounts during discovery in employment cases. The seminal case- EEOC v. Simply Storage Management , decide more than two and a half year ago-ordered the...
The NLRB issued a press release announcing an NLRB Administrative Law Judge's opinion in 24 Hour Fitness USA, Inc. (decision) . Per the press release, the employer maintained a policy that:
required new employees to agree in writing to submit all...
The Kentucky Supreme Court usually does not consider unemployment cases, but made an exception in the recent matter of Kentucky Unemployment Insurance Commission et al v. Diana Cecil , 2012 Ky. LEXIS 158 (Ky). Claimant Cecil, who worked for the Louisville...
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...