Articles Posted in

Thumbnail image for thatswhathesaid.png

On March 12, a federal court in PA resolved the first HUGE LinkedIn account dispute case involving an employee and former employer. I’ve written about out it a few times previously. (Here, here,and here).

The latest decision is involved. And rather than pontificate — too many syllables — I’ll defer to Venkat Balasubramani, who has the full scoop here.

My laziness knows no ends. Unless those ends involve a medium-rare burger, wrapped in bacon.

nlrb.jpgBack in late January, a federal appellate court ruled that President Obama lacked the power to make three recess appointments last year to the National Labor Relations Board. More on that here.

In this press release issued yesterday, the NLRB announced that would seek Supreme Court review. Quoted below is the press release:

The National Labor Relations Board has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the DC Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid. The Board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision. The petition for certiorari is due on April 25, 2013.

Most parties (and their attorneys) expect that settlement communications are not admissible at trial. There’s even a federal rule of evidence on this subject. However, a federal court recently recognized an exception. But, with all due respect to the United States District Court for the District of New Jersey, the opinion is a little dry.

So, after the jump, I spiffed it up a bit — Point Break style, brah — with a few takeaways for practicing attorneys.

This is your wake-up call.

* * *

Continue reading

Or sexually harass your co-workers.

Unless, of course, you consider my working Hollywood manuscript: “An EEOC Complaint Is Your Free Pass to Sexually Harass.” I know, the title needs work, but with C. Thomas Howell, Tawny Kitaen real star power and a producer.

** Immediately regrets sixth shot of Drambuie with breakfast **

There’s a point to all of this, and some employer tips too, after the jump…

* * *

Continue reading

A Bathtub at Ananda spa

I had two topics on the brain to blog about:

  1. Whether, under the Americans with Disabilities Act, being on time is an essential function of the job. Fortunately, Daniel Schwartz addressed that yesterday here at the Connecticut Employment Law Blog.
  2. As a follow-up to yesterday’s wage-and-hour / Daylight Savings Time post, exploring how DST impacts tracking intermittent leave taken under the Family and Medical Leave Act.

{Go take a bath right now to cleanse yourself of the employment-law dorkness that hit you from reading No. 2}

Instead, after the jump, I have, well, you read the title to this post. These are my tweets (and several retweets) from the “EEOC Overview and HR Mixer” I attended yesterday — hashtag #ubernerd #EEOCHR

{Better grab the soap and turn on that bath again. You’ve been warned.}

* * *

Continue reading

Credit-cardsYesterday, I discussed some pending federal legislation that would expand the FMLA to cover part-time employees. Now, I hear that another bill introduced in the U.S. House of Representatives, known as the Equal Employment for All Act, would amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions. 

A copy of the Act and more details on employer credit checks after the jump…

* * *

Continue reading

Under the Family and Medical Leave Act (FMLA), employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

Consequently, part-time employees generally do not qualify for FMLA leave because they do not meet the 1,250-hour requirement.

However, a new bill introduced last month in the U.S. House of Representatives would change that if signed into law. It’s called the Part-Time Worker Bill of Rights Act of 2013 and you can download a copy of it here.

“Doing What’s Right – Not Just What’s Legal”