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Articles in Channel: Employment & Labor Law
Top 25 Business Law Blog? Only If You Say So
As I approach the three-year anniversary of this blog (stay tuned for more details), it's certainly touching to receive accolades for this blog. Each year, LexisNexis “honors a select group of blogs that set the online standard for a given industry.” Amazingly, the Connecticut...
El Paso Worker Reinstated to Job
A worker in El Paso was vindicated after he was fired for talking to his co-workers about work conditions. The employer's action in firing the worker violates the National Labor Relations Act. Taking action against a worker for discussing "terms and conditions" of...
New California Workers' Compensation Regulations
Workers' compensation law is just one more thing that HR has to be worried about. I try not to worry about it, but I can't help it. Our friends at the California Chamber of Commerce published a handy FAQ regarding new regulations. The regulations concern Medical Provider Networks. In particular,...
CHRO Human Rights Referee Dismisses Case for Failing to Attend Hearing Pretrial Conference
Every once in a while there comes a decision that can shake up your expectations. The case of CHRO ex. rel Nemeth v. Westport Big & Tall, Inc. is one of them. In it, the presiding human rights referee dismissed a CHRO complaint because the employee's (and his attorney) failed...
Cell Phone Activation Before Receiving Phone?
If you ordered a cell phone from a retailer and the phone was to be mailed to you, have you been charged for service before receiving the phone? Sprint (S), among others, is one company that has elected to sell their phone through third party retailers. It is not uncommon for some...
New York Enacts Domestic Workers' Bill of Rights
On August 31, 2010, just in time for Labor Day, New York Governor David Paterson signed into law the “Domestic Workers Bill of Rights” (“Bill of Rights”), which grants certain employment protections to household domestic workers such as nannies, caregivers and housekeepers....
When Can an Employer Ask for a Second Opinion for FMLA Leave?
Recently I was asked when an employer may seek a second opinion to verify an employee's serious health condition for purposes of Family Medical Leave Act ("FMLA") leave. The folks at the FMLA Insights blog addressed this very question in their recent post, FMLA FAQ...
Enforcement Action by Federal Trade Commission Highlights Importance of Social Media Guidelines for Employees
Employees who post reviews of their employer’s products and services on social media sites, without disclosing their corporate affiliation, can land their employer in an FTC enforcement action. The FTC’s second enforcement action for violation of the agency’s endorsement...
Preventive Fitness for Duty Exams
Fitness for duty exams are not popular with the workforce. They can be very stigmatizing. But, employers want to know if an employee has issues that could affect business. Most caselaw says fitness for duty exams for unspecified reasons are not justified - they are perceived...
Miss Blu's Workplace Policy #103: Perfume Assaults Policy
MEMO From: Miss Blu in HR To: All Employees Re: Perfume Assaults Policy It has been brought to the attention of HR that some employees feel (okay, ONE employee feels) assaulted by the ridiculous amounts of perfume some of you are wearing, so HR created the following policy,...