LexisNexis® Legal Newsroom
Of new dogs and new employees: communicating value is key

Last Thursday, my family and I drove to Battle Creek, Michigan, to pick up our new puppy. I cannot give the breeder ( Jon Peck, Midnight Run Vizslas ) higher marks. He spent two hours with us explaining the ins and outs of what we could expect with our new dog. He provided pointers on the peculiarities...

The EEOC and racial harassment: calling a spade a s---e

The EEOC has published a website detailing 42 racial harassment cases it has litigated over the past three years. The purpose of the website, I think, is to bring awareness to the agency's efforts to combat this insidious form of discrimination. Sexual harassment cases often get the headlines, but...

Disability services provider sued for, what else, disability discrimination

I'm four years older than my brother. For this reason, growing up I would sometimes get punished for things for which my brother was let off the hook. The reasoning? You should know better. And, I'm sad to say that now that I have two kids of my own, I have found myself repeating this refrain...

Does your social media policy educate about being “profersonal?”

Jason Seiden , the co-founder and CEO of Ajax Social Media , calls it profersonal : the inherent intertwining of our personal and professional personas online. Last week, Greek Olympian Voula Papachristou got a quick and dirty lesson on being profersonal. Greece removed her from its Olympic team over...

Richard Kimble and the ADA

Lt. Philip Gerard : Why don't you stop running and turn yourself in, Kimble? Dr. Richard Kimble : There's a man I have to find. A one-armed man. When I find him, I'll turn myself in. Lt. Philip Gerard : Still sticking to that same tall tale? "A one-armed man killed my wife."...

Transfer preferences to vacant positions as an ADA reasonable accommodation continue to baffle courts

A disabled employee comes to you and asks for a transfer to an open and available position as a reasonable accommodation? Do you grant the request? For the time being, there is no clear answer to this difficult question. The ADA includes "reassignment to a vacant position" as a possible...

Do your employees know what “loyalty” means?

In almost all states (Ohio included) all employees owe their employer a "duty of loyalty," which, in the words of one court , means "a duty to act in the utmost good faith and loyalty toward his [or her] employer." According to another court , "[A]n ... employee is prohibited...

Employers are increasingly worried about social media and workplace technology

What policy will cause employers to lose the most sleep in the coming year? According to a recent survey conducted by BLR , social media will be the most formidable challenge for businesses in 2013. The complete answers to the question of which policy presents the biggest challenge to employers: ...

Pay attention: NLRB issues its second social media decision in a month (Knauz BMW)

Late last week, the NLRB issued its second decision in a case involving employee use of social media. In Karl Knauz BMW , the Board concluded that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted...

Which New York Employment Laws Apply to My Small Business?

Potential clients often ask me questions along the lines of: "My company is just a small employer. Does this [New York State or New York City] statute apply to me?" That is, prospective clients often inquire whether, in light of the number of workers that their businesses employ, their...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...

Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...

California Legislative Watch: Pending Labor and Employment Bills

There are a number of bills being considered by the California Legislature this session that are of interest to California employers. With the Democratic supermajority in both legislative houses, as well as a Democratic Governor, it is quite likely that more employee-friendly bills will be passed and...

Yes, It’s Legal… (10 More Things Companies Can Do Without Breaking The Law) #yesitslegal

Every now and then, I come across a blog post that I wish I had written. Last Friday, I read one of those posts. Suzanne Lucas (aka, the Evil HR Lady ) and Alison Green (aka, Ask A Manager ) jointly wrote a post entitled, Yes, it’s legal … queries from a combined 13 years of blogging...

DLA Piper: Ebola: Best Practices For U.S. Employers – 6 Questions To Ask

By Phyllis Cheng The 2014 Ebola outbreak is the largest one of its type in history and the first in West Africa. A severe and often fatal disease in humans, Ebola symptoms include fever, headache, joint and muscle aches, weakness, diarrhea, vomiting, stomach pain and lack of appetite. Symptoms may...

How I Did on My Employment Law Predictions For 2014

Last year I made predictions for what would happen in 2014. How did I do? Call me Cassandra again, because I did pretty well: Minimum Wage: I predicted that raising the minimum wage would be a hot political issue in 2014. Eleven states enacted minimum wage increases and so did several municipalities...

What I See In My Crystal Ball For Employment Law In 2015

So far I've been pretty prescient in my annual predictions, so better pay attention here. My predictions for what will happen on the employment law scene in 2015 are: 1. Intern sexual harassment : With Broward County moving to develop an ordinance to ban sexual harassment of interns, can Miami-Dade...

Employment Law Bills Pending in the Florida Legislature

Since I've been writing about states that have pro-employee laws, and complaining about the lack of protections for employees in Florida law, I thought you'd like to hear about some legislation that has been filed in the Florida legislature for the upcoming session. Will any of it pass? Doubtful...

Employment-Related Bills Pending Before the California Legislature

There are a number of employment-related bills pending before the California legislature this session. While it is too early to tell which of these bills ultimately will be passed and signed into law, California employers may wish to follow the progress of some of these bills and/or to submit comments...

Lunch with Justice Scalia

I initially wanted to hold off on posting this article in order to not inundate the blog with Justice Scalia posts back-to-back ( see Abercrombie case ) but I got to thinking— Could there ever be too much Scalia ? I don’t think so. Regardless of whether you agree with his decisions or...

5 Ways Employers Can Spend a Lot Less Time in Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these involve major expense, or even the use of lawyers. 1. Err on the...

What Are Biggest Legal Questions Facing Employers?

Last week, Employment Law 360 ran a four-part series discussing the four biggest issues facing employment lawyers across four different categories: Discrimination , Wage and Hour , Labor , and Class Actions (sub. req.). It’s hard to disagree with any of the articles’ assessments or conclusions...

California Legislative Recap

We previously reported on several employment-related bills passed by California's Legislature and signed by the Governor. These include AB 304 (which clarifies certain aspects of the state paid sick leave law), AB 1506 (which provides a limited right to cure certain wage statement violations), SB...

Meyer on How Lawyers Can Effectively Market Themselves Through Social Media

My kids know me as dad. You folks; however, know me as a blogging all-star , one of the lawyers who’s killing it on Twitter , and an all-around social-media dynamo. *** you can stop clapping now *** While you’ll probably never catch my social media star, if you’ve been thinking...

Be Sure Your Holiday Season at Work Starts Out With a Treat and Not a Trick

by Kaitlin L. Hillenbrand As we transition from summer picnic season to fall/winter party season, you may be inclined to hold a gathering for your employees. After all, you appreciate them and want to show your thanks by showing them a generous, good time. However, too much of a good time at these...