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

Unionized Hospital Must Bargain Over Effects of Communicable Disease Policy

In Virginia Mason Hospital, 357 NLRB No. 53, the National Labor Relations Board recently found that a Seattle hospital violated its duty to bargain under the National Labor Relations Act when it implemented a communicable disease policy that r

Handbook Policy Supports Employer’s Viewing of Employee’s “Private” E-mail

  Cases involving employers viewing of employee “private” e-mails are popping up more and more frequently.  The latest case from the Georgia Court of Appeals on the subject shows the importance of having a policy that allows the employer

Garnishments: Corporations in Georgia Need an Attorney to Answer

A corporation served with a summons and garnishment in Georgia must file an Answer in the Court issuing the summons. This Answer must now be signed by an attorney licensed in Georgia. This new rule applies to garnishments in Georgia State 

Court Recently Holds that EEOC Lawsuit Not Covered Under EPLI Policy

Now may be a good time to review your Employment Practices Liability Insurance (“EPLI”) Policy to ensure coverage is available when the EEOC comes knocking on your door. In an order entered on September 16, 2011, the U.S. District Co

Recent Case Highlights The Importance of Clear Policies When an Employer Monitors Employee Computer Use

   Many employers use software programs to monitor their employee’s use of company computers.  A recent case in Indiana highlights how this can get an employer in trouble if they do so improperly.  In Rene v. G.F. Fishers, Inc., 2001 U