FIRST ROUND TO EMPLOYER IN CASE OF ALLEGED DATA THEFT BY EMPLOYEE
At the end of 2012, the Second Circuit Court of Appeals issued an opinion allowing an employer in Connecticut to bring suit in Connecticut against its employee for electronic data theft, even though the employee actually lived and worked in Cana
“LPNs held to be Supervisors in Union Campaign”
On October 2, 2012, the Eleventh Circuit held that licensed practical nurses (LPNs) employed at a long-term health care facility were not supervisors under the National Labor Relations Act (NLRA). This rejection of the National Labor Relations
“Time Off to Vote: Georgia”
Employers are required to give employees up to two hours unpaid time off to vote in Georgia. The employee must be registered and qualified to vote. The employer can insist that the time off be taken before or after regular work hours if the poll
“EEOC FOCUSES ON PREGNANCY DISCRIMINATION”
The EEOC announced on September 4, 2012, a draft StrategicEnforcement Plan targeting enforcement of pregnancy anti-discrimination laws. Charges of Discrimination raising pregnancy discrimination would receive increased investigatory attenti
“WHEN PATIENTS APPLY FOR JOBS AND VIOLATING THE ADA”
Many health care and dental organizations actually treat their employees. Often former patients also apply for work. The EEOC recently filed a lawsuit against Aurora Health Care, Inc. accusing the hospital system of rescinding two job offers b
“DENYING ADDITIONAL LEAVE UNDER THE ADA”
When is a second request for indefinite leave required by the Americans With Disabilities Act (“ADA”)? What if the employee can perform most of the essential functions of the job while on indefinite leave, but can not provide a reasonable
“MOONING THE BOSS AND PREMATURE PAPERWORK “
After his company was acquired, plaintiff was informed in April of 2005, that a friend and colleague had been terminated because he refused to accept a lower wage in his new position within the new company structure. In response to this action,
“ORDERING AN EMPLOYEE TO OBTAIN COUNSELING IN ORDER TO KEEP HIS/HER JOB”
Can an employer order a troubled employee to obtain psychological counseling as a condition for keeping his/her job? The Sixth Circuit Court of Appeals has answered that such a request requires compliance with the Americans With Disabilities Act
Confidentiality and Internal Investigations:
Attacks by NLRB and EEOC Employers conduct internal investigations for a variety of reasons. Sometimes it is an on-going internal audit to promote compliance. Other times the investigation is the response to a complaint, inventory shortages, rum
“How to Handle Possible January Budget Sequestration under WARN”
“How to Handle Possible January Budget Sequestration under WARN” On July 30, 2012, the U.S. Department of Labor (DOL) issued Training and Employment Guidance Letter No. 3-12, offering guidance on how federal contractors should comply wit