Remember when I told you that a prevailing defendant could recover all electronic discovery costs? I lied. Oh, let off some steam and stick around. Allow me to explain. Actually, I’ll let Phil Miles at Lawffice Space explain: Last Friday, the Third Circuit released a definitive opinion regarding taxation of…
A state court judge in Pennsylvania has come up with a new way to afford litigants access to social media as part of discovery in a pending civil action. Daniel Cummins at Tort Talk has the details: The Judge’s page long Order does not provide the background on the case…
Yesterday, the U.S. Supreme Court in Coleman v. Court of Appeals of Md. held that state employees have no cause of action under the self-care provision (last bullet point in the hyperlink) of the Family and Medical Leave Act. In plain English, if you work for a State employer, and…
Let’s say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD)? What about under the Americans with Disabilities Act (ADA)? I…
Below are summaries of four pieces of legislation of which employers should take note: Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of…
I’ll tell you why, after the jump… The National Labor Relations Board stresses that employees must be able to discuss their jobs freely. The National Labor Relations Board, which helps administer the provisions of the National Labor Relations Act, believes that social-media policies are overly broad if they unfairly restrict…
Early in my legal career, a colleague taught me the expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But push too hard, and you may lose it all. Some PA companies require their new hires to sign an agreement requiring them to arbitrate any claims that arise out…
Will office pools be legal in Pennsylvania this year? One State Senator is trying to make it so. Jealous, New Mexico? Yeah, you’re jealous. Details after the jump… Philly.com reports here that Pennsylvania State Sen. Lisa M. Boscola will introduce legislation to make small office pools legal in the Keystone…
Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states: Remember Chick-Fil-A is a Christian…
Because it’ll cost you your job. Dale Gibson of The Triangle Business Journal reports here that a waiter at The Angus Barn in Raleigh, NC posted on the internet a copy of Peyton Manning’s credit card receipt from a recent dinner there. Manning may not have a job, but he…