EEOC Guidance on Criminal Record Checks
The EEOC issued on April 25, 2012, its final, updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under title VII of the Civil Rights Act of 1964.” Title VII prohibits employers from (a
Congress Seeks to Ban Practice of Employers Asking For Social Network Passwords
By: Richard Sheinis The controversial issue of employers demanding that job applicants provide their login and password for their social networking account such as Facebook, has made its way to the U.S. Congress. The Social Networking Online P
Worker’s Compensation Denial: RICO Claim Recognized
The Sixth Circuit Court of Appeals has allowed a lawsuit based on the Racketeer Influenced and Corrupt Organizations Act (RICO) based on an alleged fraudulent wrongful deprivation of an employee’s entitlement to benefits under Michigan’s Wor
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