There has been significant coverage of the unfair labor practice charges that have been filed by employees who were terminated over their postings made on Facebook, Twitter and other social media applications. (Examples here, here and here). The NLRB actions in some of these cases have lead to the belief by some union agents and employee representatives
Transitioning HR Professionals –Look to Verizon for Employment
Verizon agreed to pay $20 million dollars and ceasing using its no-fault attendance policy for absences caused by impairments qualifying as disabilities under the ADAAA. Whatever the size of Verizon’s Human Resources Department, it looks like its going to need to be a lot larger.
As part of the settlement with the EEOC, Verizon agreed that
EEOC Takes Hog-Like Approach on Attendance as Essential Job Function
There’s an old saying in rural America that "pigs get fat and hogs get slaughtered." We used the phrase to describe someone who, instead of being satisfied with what he has, gets greedy. In the litigation context it can be used to describe a party that takes overly aggressive, unreasonable and untenable positions. My fellow bloggers, Work Blawg
When is the Best Time to Communicate a Termination Decision?
Once the employer makes the decision to terminate the employment relationship with an employee, there is often (or should be) a discussion about when to have the meeting with employee to communicate the decision. There are two primary schools of thought. One thought is to communicate the decision at the end of the business day at the end of the workweek.
Using GPS Tracking Technology to Prove Intermittent FMLA Abuse?
The U.S. Supreme Court will decide next term whether it is law enforcement’s warrantless placement of GPS devices on a suspect’s vehicle amounts to an unlawful search or seizure in violation of the Fourth Amendment. The Fifth Circuit has already authorized law enforcement’s use of this warrantless tactic. Similarly, a New Jersey court has blessed a spouse’s use of GPS
What is Employment Practices Liability Insurance and Does My Company Need It?
Employment Practices Liability Insurance, or EPLI, is business insurance an employer can purchase that will provide protection from losses caused by certain employment disputes with current or former employees. EPLI is in addition to commercial general liability or umbrella policies that normally contain exclusions for most employment claims.
EPLI normally covers the employer, its employees and executives for
Congress Hears Employer Suggestions on Modernizing the FLSA
Yesterday, the Congressional Education and the Workforce Subcommittee on Workforce Protections heard suggestions on how the FLSA can and should be modernized to better reflect the realities of the 21st Century Workforce. The following summarizes the suggestions made by business and employer representatives on how the FLSA should be modernized:
- Update the computer professional exemption by
Congressional Subcommittee to Examine the Effect of the FLSA and the Modern Workforce
This morning the Education and the Workforce Committee Subcommittee on Workforce Protections will examine whether the FLSA is outdated in today’s modern workforce. The hearing is entitled “The Fair Labor Standards Act: Is It Meeting the Needs of the Twenty-First Century Workplace?”
According to the Subcommittee’s media advisory:
Despite the broad impact of the
Texas Employers Should Take Precautions For Employees Working in Excessive Heat
This morning the meteorologist advised that our high temperatures in Texas won’t dip below 100 for the foreseeable future. I’m thankful I heeded my Kindergarten teacher’s (Wanda Kite) advice to avoid anything ending up on my permanent record and I don’t have to dig ditches for a living. However, many Texans work outdoors everyday in these conditions
Fifth Circuit Holds Title VII Damage Caps Apply “Per Party” Not “Per Claim”
In an issue of first impression in the Fifth Circuit, the U.S. Court of Appeals holds that Title VII’s damages cap apply on a "per party" basis rather than on "per claim." In Black v. Pan American, the Plaintiff, Carleen Black, prevailed on her Title VII and TCHRA claims of sex discrimination and