Intensive Care Nurse: Regular Attendance and the ADA
In the case of a neo-natal intensive care nurse, regular attendance really is an essential function of the job. On April 11, 2012, the Ninth Circuit Court of Appeals rejected an Americans With Disabilities Act lawsuit brought by a nurse with fib
Increased Overtime Lawsuits
A recent USAToday article “More American Workers Sue Employers for Overtime Pay” notes a reported 32% increase in such lawsuits from 2008 levels. The most common overtime claims focus on: Working off the clock through breaks and before or af
DATA PROTECTION WEEKLY SPECIAL EDITION
Each year since 2004, Verizon has released a Data Breach Investigative Report. The 2012 Report (based on 2011 data) is now available. The Report, which contains a compilation and analysis of reported breaches, should be of interest to bus
Employee Blog Creates Employer Liability
A California Appeals Court confirms in Espinoza v. Orange County an employee’s disability harassment claim based in part on a co-employee’s off-work blog. Plaintiff filed a complaint against the county government defendant for discriminatio
Nursing Home Arbitration Agreement Enforced
In Marmet Health Care Center, Inc. v. Brown, the U.S. Supreme Court overruled the West Virginia Supreme Court’s refusal to enforce a pre-dispute arbitration agreement governed by the Federal Arbitration Act (FAA) based upon a state public pol
Las Vegas Spa Workers Appeal Age Discrimination Loss
Six women, ages 47 to 60, appeal the dismissal of their age discrimination lawsuit challenging their terminations from employment. After Phil Ruffin purchased the Treasure Island hotel and casino in Las Vegas, his wife, a former Miss Ukraine (pi
Georgia Legislation Overturns Rule Requiring Attorneys to Answer Garnishments
Generally, corporations appearing in Superior and State Courts in Georgia must be represented by an attorney. Although this requirement existed, it had generally not been applied to garnishment actions until September 12, 2011. On that da
Healthcare Provider’s TRICARE Participation Does Not Trigger Affirmative Action Obligations
In November of 2010, we advised clients of a new Administrative law judge decision issued October 18, 2010, proclaiming that hospitals and long term care facilities that accepted TRICARE funds would be considered by the OFCCP to be government co
ADA: New Swimming Pool and Spa Regulations
An upcoming March 15, 2012 deadline for the 2010 ADA Standards imposes on covered hoteliers and hospitality employers additional accessibility standards for newly constructed recreational facilities such as pools and spas built after March
When Does an Employee Act “Without Authorization” When Accessing Company Data
A case recently argued before the entire Ninth Circuit Court of Appeals highlights the importance of having company policies that not only limit what data employees can access, but which also place specific limitations on how employees can