WHO OWNS SOCIAL MEDIA CONTENT . . . EMPLOYER OR EMPLOYEE?

Many companies encourage, or in some cases even require, employees, to use social media to further their business objectives.  Employees use LinkedIn, Twitter, and Facebook to network, build relationships, contacts, and goodwill.  When the e

Data Protection

A recent case in the Federal District Court for the Northern District of California highlights two important emerging issues in the data protection arena.  The first issue is the concern of data breaches by employees and ex-employees.  The sec

EEOC Charges Hit Record High

The EEOC released statistics in January showing a record number of Charges of Discrimination filed by private sector employees in 2011. Although some EEOC Charges contain multiple types of claims, the 99, 947 total charges filed consisted of:

Attorneys’ Fees

Have you ever received a lawsuit that contained such baseless employment law claims that you wanted to lash out?  Many employers have, but most employers do not file counterclaims, and here is why:  the Plaintiff was awarded almost $250,000.

Minimum Wage Changes in 2012

The federal minimum wage of $7.25 per hour is not currently scheduled to increase in 2012. Alabama, Georgia, South Carolina, and Tennessee are not scheduled to enact changes. In fact, Alabama, South Carolinaand Tennessee do not have indi

USERRA Rights Expanded for National Guard and TRICARE and Affirmative Action Plans

The President is expected to sign a Conference Report approved by both the House and Senate to the National Defense Authorization Act for fiscal year 2012. The Conference Report addresses two issues important to employers. I. EXPANDED USERRA

Using Facebook to Obtain Information During Discovery

    “Digging up dirt” on a former employee who filed suit against your company can often provide useful ammunition to challenge their credibility.  Social networking sites can be a fertile garden for your digging, but how do you get ac

The EEOC has wasted little time in taking advantage of the Americans With Disabilities Act Amendment Act (“ADAAA”).  In the last days of August the EEOC filed 15 discrimination suits against major companies, three (3) of which allege allega

Protect Your Business By Protecting Your Computers

A case out of New York highlights the importance of employers protecting their computers and electronically stored data from disgruntled and departing employees.  In ­MidAmerica Productions v. Derke, 2010 NY Misc. LEXIS 6676, employees who l

In an interesting settlement, mainly because of some unusual facts, Dresser Rand Company settled a religious discrimination lawsuit with the EEOC for $110,000.  It seems a Dresser Rand employee, who is a Jehovah’s witness, had a religious o