With the use of real-time social media posts becoming ubiquitous, employees need to be increasingly aware of the possibility that what they post on Facebook or Twitter may be discoverable in a potential discrimination or harassment lawsuit. In a recent EEOC case, the Commission filed suit on behalf of 20…
With the holiday coming up, I wanted to write a quick post linking to some interesting (and in one case bizarre) labor and employment law stories. I hope everyone has a safe and happy Thanksgiving. The Shirazi Law Firm has an interesting post about how Magic Johnson is currently being…
A recent New Jersey appeals court decision found that ExxonMobil’s drug and alcohol policy was facially discriminatory, with implications for similar policies maintained by other employers. In the case in question, an employee identified herself as a recovering alcoholic seeking rehabilitation, and due to ExxonMobil policy, was forced to enter…
With no big news items recently, I wanted to post a roundup of a couple of interesting developments that have come out this week. One recap looks at changes on the horizon in Mexican labor law that may help to mobilize the country’s workforce, and the other discussion builds on our…
In an addition to our recent FMLA posts, I wanted to highlight a recent article by the Employer Handbook that demonstrates how employees on FMLA leave need to be careful about what they put on the internet. In the case in question, an employee with the Advantage Health Physician Network…
A recent lawsuit highlights that FMLA leave should be provided to working fathers as well as mothers. In the case, Ariel Ayanna sued his employer, the law firm Dechert LLP, after they terminated him when he took leave following the birth of his son. A court recently refused to dismiss…
I’m sure everyone is suffering from a post-election hangover today, so I wanted to just post a quick roundup of a couple interesting employment law issues. One post covers an interesting caveat when it comes to disability discrimination suits, and the other looks at whether a workers compensation claim precludes…
With Election Day only hours away, I thought it would be a good time to share some posts on employment law issues that may arise tomorrow. Most issues tend to focus on employees taking leave from work, but there are also some issues regarding workplace disagreements and other election-related issues.…
The NLRB recently released a memo that provides clarification about the types of at-will employment disclaimers businesses can use in their employee handbooks. Recent NLRB decisions had made employers wary of including at-will employment language that could be viewed by employees as prohibiting conduct protected under the NLRA. These memos…
I hope everyone has managed to stay safe and as dry as possible over the past few days. With Hurricane Sandy starting to move out of the region Tuesday evening, I wanted to post about a few issues employers and employees face in the wake of a natural disaster. The…