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
Healthcare Provider’s TRICARE Participation Does Not Trigger Affirmative Action Obligations
In November of 2010, we advised clients of a new Administrative law judge decision issued October 18, 2010, proclaiming that hospitals and long term care facilities that accepted TRICARE funds would be considered by the OFCCP to be government co
ADA: New Swimming Pool and Spa Regulations
An upcoming March 15, 2012 deadline for the 2010 ADA Standards imposes on covered hoteliers and hospitality employers additional accessibility standards for newly constructed recreational facilities such as pools and spas built after March
When Does an Employee Act “Without Authorization” When Accessing Company Data
A case recently argued before the entire Ninth Circuit Court of Appeals highlights the importance of having company policies that not only limit what data employees can access, but which also place specific limitations on how employees can
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: