New DOL Rules on Same Sex Marriage and the FMLA
Under the current law, legally married couples can apply for emergency leave to care for their partners under the Family and Medical leave Act if they reside in a state where same-sex marriage is legal. The U.S. Department of Labor’s Wage an
Tennessee Employers and Social Media
Tennessee’s new law prohibits employers, including government entities, from requesting or requiring access to the private social networking or online accounts of employees and job applicants. The Employee Online Privacy Act of 2014, signed by
The FMLA and Holidays; Paid or Unpaid?
As we approach July 4th and Labor Day, employers are often asked about how Company approved holidays interact with FMLA leave. DOES THE HOLIDAY COUNT AGAINST THE 12/26 WEEKS TOTAL? An employee is entitled to up to 12 workweeks of FMLA leave for
Interpreters for Deaf Patients and the ADA
A federal district court in Florida holds that a hospital providing medical services to deaf patients could use video relay interpretation, passed written notes, and gestures to meet the hospital’s obligation under the Americans With disabilit
ARBITRATION OPINIONS INVOLVING THE FEDERAL ARBITRATION ACT
Three recent Court of Appeals of Georgia opinions discuss the impact of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., on disputes in Georgia. These cases further demonstrate that disputes arising from arbitration agreements g
Senate Passes Bill to Ban Discrimination Against Gays, Transgenders
The Employment Non-Discrimination Act (“ENDA”, S. 815), originally introduced in Congress in 1994, passed the Senate yesterday by a 64-32 vote. ENDA would ban discrimination in the workplace on the basis of an individual
Washington is the Latest State to Prohibit Employers from Asking Employees for Their Social Media Passwords
It is not difficult to figure out the public sentiment on the issue of employers forcing job applicants or employees to provide their social media passwords or credentials. Washington has just become the 11th state with a law banning employers
“New Supreme Court Ruling: Who is a “Supervisor” in Harassment Cases?”
The U.S. Supreme Court issued Vance v. Ball State University on June 24, 2013, clarifying who is a “supervisor” in harassment cases brought under Title VII. As explained below, an employer may be strictly liable for the actions of a “s
North Carolina is the Latest State to Propose Barring Employers from Accessing Employee Social Media Accounts . . . and Why These Laws Can be Troublesome for Business
The North Carolina House recently passed the Job and Education Privacy Act (House Bill 846), which would prohibit employers from requesting that an employee or job applicant grant access to their personal electronic account or social net
YES IT CAN HAPPEN TO YOU…EMPLOYEE DATA THEFT
A recent study by the Ponemon Institute revealed that employees are causing company’s to lose intellectual property (IP) with startling frequency. Perhaps the most troubling aspect of this behavior is the lack of knowledge of the companies t