Featured Articles

UNINTENDED CONSEQUENCES OF THE USE OF SOCIAL NETWORKING SITES

Daniel Burnick
June 24, 2009 15:54

On May 1, I published an entry addressing social networking in the workplace.  Subsequent to that time,  I had the opportunity to give another presentation on social networking.  Some interesting questions were asked by attendees that raised additional issues that need to be...

Recent Articles

INDEPENDENT CONTRACTOR VS. EMPLOYEE: GOVERNMENT CRACKDOWN ON MISCLASSIFICATION

February 21, 2010 18:46

The President.  The Department of Labor.  The IRS.  There is a great deal of pressure being exerted on employers to properly classify workers as either employees or independent contractors.  According to Inc.  President Obama's 2011 budget includes funding for an...

CURRENT EVENTS IN ALABMA: $2.7 MILLION HARASSMENT VERDICT, VIOLENCE IN THE WORKPLACE AND MORE

February 13, 2010 18:46

Last Friday was a busy day in Alabama for employment issues.  Perhaps the calendar was off by a day: it should have been Friday the 13th, not Friday the 12th.  First, the Birmingham News reported that a federal jury in Birmingham, after a 3 week trial, returned a...

11TH CIRCUIT FINDS FAILURE TO DISCLOSE TITLE VII LAWSUIT IN BANKRUPTCY PROCEEDINGS BARS CLAIM

February 09, 2010 15:00

On February 5, the 11th Circuit decided the case of Robinson v. Tyson Foods.  Robinson worked for Tyson Foods, and resigned in September, 2005 by a letter of resignation stating, in part, that she was subjected to "harassment, racial abuse and intimidation."  In October, 2006,...

TENNESSEE JURY RETURNS $1.5 MILLION AWARD FOR WRONGFUL TERMINATION

February 05, 2010 14:49

Last January, I published an entry addressing the Crawford v. Metropolitan Govt of Nashville decision issued by the Supreme Court.  The Supreme Court held that an employee who responded to questions during an internal investigation is protected by the anti-retaliation provisions of Title...

VIOLENCE IN THE WORKPLACE HITS THE NBA......AGAIN

January 28, 2010 14:37

In 1994, Ron Artest of the Indiana Pacers charged into the stands during a NBA game being played in Detroit, and fought with players and fans.  9 different players were suspended for a total of 146 games, costing those players $10 million in salary.  5 players were charged with assault,...

DEPARTMENT OF LABOR ISSUES UPDATED MODEL COBRA NOTICES

January 21, 2010 19:39

The Department of Labor released 3 model notice packages to help group health plans and employers provide notice on the availability of the extension of COBRA continuation coverage under the American Recovery and Reinvestment Act.  The American Recovery and Reinvestment Act was amended by the...

11th CIRCUIT FINDS ADA PROHIBITION AGAINST IMPROPER PRE-OFFER MEDICAL INQUIRIES CREATES A CAUSE OF ACTION EVEN IF PLAINTIFF IS NOT DISABLED

January 13, 2010 15:40

This week, in Harrison v. Benchmark Electronics Huntsville, Inc., the 11th Circuit reversed the trial court's summary judgment in favor of Benchmark (BEHI), and remanded the case for a jury trial.  Harrison was employed by Aerotek, a company that places temporary workers at...

EEOC RELEASES 2009 STATISTICS: OVER 93,000 CLAIMS FILED

January 07, 2010 14:50

The EEOC released fiscal year 2009 statistics this week: although the number of claims was down 2% from 2008's record level, 2009 had the second highest number of complaints ever filed with the EEOC.  According to the New York Times, disability claims rose by 10% to 21,451.  This is most...

ASKING THE WRONG QUESTIONS CAN LEAD TO A LAWSUIT

January 06, 2010 16:09

Last week, the Miami Herald published a story written by Diane Stafford entitled "Ready to hire? Don't ask wrong questions".  The story, referring to an article in The HR Specialist newsletter, listed a number of questions that may be asked during an interview that may be viewed...