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...
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...
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...
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...
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...
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...
But, if you think they do -- maybe you read this article last week -- then I have a bridge in Brooklyn to sell you , sucker.
Come on! The sky isn't falling. Demanding social media
access from employees and potential hires and is most definitely...
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...
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
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...
In Poling v. Core Molding Technologies (S.D. Ohio 2/9/12) ,
the plaintiff, who suffered from Reflex Sympathetic Dystrophy Syndrome , claimed that his
employer interfered with his FMLA rights when it terminated him for excessive
A state court judge in Pennsylvania has come up with a
new way to afford litigants access to social media as part of discovery in a
pending civil action. Daniel Cummins at Tort Talk has the details:
The Judge's page long Order does not provide...
Yesterday, the U.S. Supreme Court in Coleman
v. Court of Appeals of Md. [ an enhanced version of this opinion is available to lexis.com subscribers] held that state employees have no cause of
action under the self-care provision (last bullet point in...
I can't tell you how many harassment policies I review
(and rewrite) that are simply called, "Sexual Harassment Policy." Most
harassment complaints are about sexual harassment. But, the law just doesn't
forbid sexual harassment;...
On March 15, 2012, the U.S. Chamber of Commerce and the
Coalition for a Democratic Workplace (CDW) filed a motion to intervene with the
U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. National Labor
Relations Board , Case No. 12-1115...
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...
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...
According to Law.com, wage and hour litigation is big, and getting bigger . One
area that has been poised for a take-off for a couple of years is unpaid
internships. Three recent filings illustrate the dangers of using unpaid
interns in your business...
Below are summaries of four pieces of legislation of
which employers should take note:
Older Workers Against Discrimination Act . Senator Tom
Harkin (IA-D) introduced this
bill last week. It would overturn the U.S. Supreme Court's...
New York State, like the federal government, does not
require any particular order or form for the records that an employer must
maintain concerning employees' wages and hours . Cf. 29 C.F.R. §
516.1(a) ("No particular order or form of...
I've long believed that the best time to settle a case is
while summary judgment is pending. It's when both sides have the most risk. The
employer has the risk of a jury trial if the court denies the motion, and the
employee has the risk of...
The National Labor Relations Board stresses
that employees must be able to discuss their jobs freely.
Labor Relations Board , which helps administer the provisions of the National
Labor Relations Act , believes that social-media policies...
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...
Early in my legal career, a colleague taught me the
expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But
push too hard, and you may lose it all.
So me PA companies require their new hires to sign an
Beware the ides of March.
- Julius Caesar , Act I, scene i.
2,056 years ago, Julius Caesar was assassinated. To mark
that occasion two years ago, I wrote that employers should be wary of the types of problem
employees within their organizations...