Employment Law
Male Sex Stereotyping: Going Where No Man Has Gone Before
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The following guest post is by attorney Ellen Simon, who has been listed as one of The Best Lawyers in America for her landmark work representing individuals in precedent-setting cases. Ellen [...]
Job Applicant Rejection Letter Dos and Donts — Writing an Appropriate “Dear John” Letter to an Unsuccessful Applicant
Back in 2006, we covered the topic of applicant rejection letters in a post linking to an article in Assessment Council News (Considerations in Rejecting Applicants, on p.4).
Since today’s economy is resulting in more applications — and thus more rejected job applicants — we decided to give the topic another look.
With today’s recession also [...]
Expensive Trade Secret Protection Lesson for Employer — $17.5 Million Verdict in Lawsuit Over Employee’s Hard Drive
Trade Secret Protection Efforts Land Company in Losing Lawsuit
Earlier this month, after a seven-week trial, a California jury awarded $17.5 million to a former employee in his lawsuit against his former employer for breaking into a laptop owned by the employee.
The former employee is Dallen Trealoff, who founded an RV-related company with his wife in [...]
Supreme Court’s Decision on Arbitration of Statutory Discrimination Claims Under Collective Bargaining Agreement Will Have Little Real World Effect
I had the honor of being asked to comment on the Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett, for the Jurist.
I started with these thoughts:
In the academic world, this case will be a law professor’s pleasure and a law student’s nightmare. It presents interesting conflicting precedents and policies. …
It would be fun [...]
[AIG Bonus] Contracts Are Made To Be Broken — Or Are They?
“I expect you to be honest, hard working, and treat the company as if you own it.”
– C.V. Starr
“AIG’s ongoing efforts to be an outstanding corporate citizen and promote responsible and sustainable business practices are essential to our long-term business objective of creating value for our shareholders and serving the interests of our clients.”
“Honoring contractual [...]
The Employee Free Choice Act: The Debate Heats Up
Just What Is The Employee Free Choice Act, and Why Are So Many People Excited About It?
President Obama supports the Employee Free Choice Act (”EFCA”). Home Depot co-founder Bernard Marcus called it, “A hostile takeover of American business,” and “the betrayal of a bedrock principle of U.S. democracy,” in a Sept. 22, 2008, article [...]
Charming the Stimulus Act COBRA:
New COBRA Rights and Employer Obligations
A federal subsidy of continued health coverage under COBRA is one of the main “ease-the-pain” provisions of the Stimulus Act enacted Tuesday, February 17, 2009 (the American Recovery and Reinvestment Tax Act of 2009).
This provision is intended to keep the recession from swelling the ranks of the uninsured, by making COBRA coverage more affordable for [...]
New Family And Medical Leave Act (FMLA) Regulations Address Wide Range of Issues
New FMLA Regulations Took Effect January 16, 2009, Significantly Impacting FMLA Law
On November 17, 2008, the US Department of Labor issued long-awaited updated regulations governing the Family and Medical Leave Act (FMLA), effective January 16, 2009.
The first post in this series covered the changes in employer and employee notification requirements under the new [...]
Notice Rules Under New Family And Medical Leave Act (FMLA) Regulations –- Employers Win Some And Lose Some
New FMLA Regulations Took Effect January 16, 2009, Significantly Impacting FMLA Law
On November 17, 2008, the US Department of Labor issued long-awaited updated regulations governing the Family and Medical Leave Act (FMLA), effective January 16, 2009.
The Department said the amended regulations would “help workers and their employers better understand their rights and responsibilities, [...]
Lilly Ledbetter Fair Pay Act Signed by President Obama
Today (January 29, 2009) President Obama signed into law the Lilly Ledbetter Fair Pay Act, a law named for an Alabama woman who lost her pay-discrimination case at the Supreme Court on the basis that she had not filed a timely charge of discrimination. The Ledbetter Fair Pay Act directly overrides this much-criticized Supreme [...]
Overtime Pay, the FLSA & “Time Theft” — Part I (Introduction and White-Collar Exemptions)
Who “owns” an employee’s time? Are you stealing from your employer if you take a personal call at work? What about if you check your personal email, or take some time to send out resumes?
Does it matter whether you’re an hourly worker who is entitled to overtime pay under the Fair Labor [...]
Navigating the Intersection of Telecommuting and Wage-and-Hour Law
Telecommuting — Perk, Convenience, and Potential Legal Minefield
Many employers offer their employees the opportunity to work from home on either a regular or temporary basis. While the flexibility of a telecommuting arrangement can benefit both the employer and the employee, allowing a nonexempt employee to work at home can lead to a minefield of wage [...]
Court Upholds Nonrenewal of Teacher Contract Over MySpace Activity
Background
I have frequently written and spoken on legal issues relating to the use in employment decisions of applicant and employee Internet activity such as blogging and using social network sites. However, this is a novel legal issue, and as is usually the case with such issues, legal “experts” like myself have been forced to make [...]
Is Workplace Bullying Cause for Concern?
When Bullies Grow Up
What happens to playground bullies who grow up to be workplace bullies? And what happens to the companies where they work?
This is the focus of an article entitled “Workplace Bullying Suits on the Horizon.”
Successful Bullying Lawsuit and Proposed Legislation
According to the article, a workplace bully was forced to pay $325,000 after [...]
Will This National Election Jeopardize Workplace Elections?
It would be ironic if this Presidential election — hailed by so many around the world (myself included) as a shining example of the strength and success of American democracy — resulted in a drastic reduction in long-established democratic electoral rights in the workplace. But such a result is highly likely.
President-elect Obama and [...]
