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

The case that never ends: 11th Circuit says "Boy" does not prove race discrimination

August 30, 2010 14:30

For the past 14 years, John Hithon has been pursuing his lawsuit against the chicken plant he worked at that ultimately was purchased by Tyson.  He began working for the plant in 1982, and was promoted to superintendent.  He applied for a shift manager position in 1995.  The two...

Son and Daughter under the FMLA and More strange stories

August 24, 2010 20:01

"Son" and "daughter" under the FMLA The DOL  recently gave a broad definition to "sons and daughters" under the FMLA.  The DOL subtitles the announcement by saying "Interpretation is a win for all families no matter what they look like." ...

ADA claims hit all time high

August 20, 2010 13:22

In February, 2009, I wrote that "I anticipate the courts, especially the District Courts, will be busy in 2009 and 2010.  They will be busy looking at the ADAAA, the new FMLA regulations and other new laws that may be passed by Congress. "  USA Today reports today that the...

Overtime in the Health Care Industry

August 17, 2010 15:21

I have regularly reported that FLSA overtime cases continue to be filed in large numbers.  Recently, the New York Times published an article addressing overtime issues in hospitals and nursing homes.  Robert Pear wrote that the Obama administration is looking into pay practices throughout...

Identity Theft at Blue Cross and Blue Shield of Alabama

August 08, 2010 15:35

An ex-employee of Blue Cross Blue Shield of Alabama, Latonia Davis, pled guilty to charges of trafficking stolen identities.  Ms. Davis used the protected health information of BCBS members to try to obtain credit cards.  She apparently used the companies internal database to obtain the...

Friday updates on prior topics: ADA turns 20, Nursing Mothers and Male on Male Harassment

July 30, 2010 19:23

  Americans With Disabilities Act Turns 20 This week marks the 20th anniversary of the passage of the Americans With Disabilities Act. According to the Washington Post, the EEOC released a report indicating that “workers with targeted disabilities – including deafness,...

2nd Circuit Finds Pharmaceutical Reps are Entitled to Overtime

July 22, 2010 15:39

Recently, the 2nd Circuit Court of Appeals, which governs New York, Connecticut and Vermont, found that pharmaceutical reps employed by Novartis are not exempt under the FLSA and are entitled to overtime for any hours worked exceeding 40 in a week.  The court, on the same day, ruled against...

Social Media Update: The Stories Keep Coming In

July 16, 2010 14:38

Social networking sites continue to cause problems for many employees, including attorneys.  In a recent article entitled "Lawyers "step in it" Through Social Media Incompetence", a number of stories are discussed concerning lawyers who have found themselves in trouble...

EEOC Remains Active in Alabama and Other New Developments

July 02, 2010 15:10

The EEOC announced another large settlement involving a large Alabama company.  The EEOC issued a press release on July 1 announcing a $100,000 settlement with McGriff Industries, a Cullman company, to settle a racial harassment and retaliation lawsuit filed by the EEOC.  According...