EEOC and DOL Address GINA Concerns in FMLA Forms Requested by Employers.

EEOC Office of Legal Counsel staff members wrote the following letter to respond to a request for public comment from a federal agency or department. This letter is an informal discussion of the noted issue and does not constitute an official opinion of the Commission. GINA: FMLA Forms and GINA Confidentiality and Disclosure Provisions November […]

10-K Conundrum: How SEC Filings Breed Employment Claims

Article from Law360, New York (January 27, 2015) A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed U.S. Securities and Exchange Commissionfilings. The court held a former employee could assert retaliation against her former employer when the company listed her by […]

It’s The Season To Be Jolly, Employers Beware of Holiday Parties

Holiday Parties – A legal minefield for Employers! By Nancy Castor Sprattlin, Esq. September is here, thus the holidays are right around the corner!  It is that time again when employers must grapple with the dilemma as to whether to hold a holiday party for their employees.  Holiday parties are a legal minefield for employers!  It […]

Court’s Recent Spin On After-Acquired Evidence May Be Good for Employers!

The Second Circuit recently sided with Fujifilm Medical Systems USA Inc. and held that Fujifilm could use evidence obtained after an executive was terminated to confirm a nondiscriminatory reason for firing him. The case was brought against the Company by a former executive vice president, John J. Weber, alleging that he was terminated because he […]

EEOC Files First Ever Sex Bias Suits for Transgender Workers

On September 25, 2014,  the U.S. Equal Employment Opportunity Commission filed two lawsuits alleging sex discrimination against transgendered individuals.  The two suits are being brought against Michigan-based RG &GR Funeral Homes, Inc.  and Florida-based Lakeland Eye Clinic.  Both companies are charged with discriminating against two transgender workers by firing them for being transgender and refusing […]

4 Tips For Retail Employee Social Media Policies

Authored by Jonathan Randles The retail industry has been grappling with a problem that’s so far puzzled employers: how to come up with employee social media policies that don’t run afoul of U.S. labor law. Retailers in recent years have consistently found that their corporate policies for online communications violate the National Labor Relations Act. […]

Ruby Tuesday Settles FLSA Wage-and-Hour Suit for $3 Million

On Monday, September 15, 2014, Ruby Tuesday agreed to settle a wage-and-hour collective action in New York federal court for $3 million dollars.  The complaint alleged that over 4,000 tipped employees at Ruby Tuesday were required to omit any overtime hours when entering their time into the time-keeping system. Specifically, it was alleged that were not […]

Are Your Workplace Social Media Policies Safe From Attack?

Social media has changed the landscape of workplace investigations. Employees now post a lot of information on social media – tweets, check-ins, status updates, and photos – and this information is being used as a source of evidence in workplace investigations.  Information posted on social media can be used to threaten and harass colleagues, reveal […]

Exploring the Intricacies of Workplace Transgender Issues

On August 27, 2014, Law360 posted an article by Ben James entitled “5 Tips For A Transgender-Friendly Workplace.  In the article, James suggested five tips to avoid potential legal problems when addressing transgender issues. These five tips included: Coming up with a transition plan; Offering nondiscriminatory health insurance; Letting workers choose their bathrooms; Communicating policies […]

NLRB Finds Employee’s Facebook “Like” and Comment Protected By Labor Law

[In late August], the National Labor Relations Board (“NLRB”) ruled that two employees of a sports bar and restaurant were unlawfully discharged for their participation in a Facebook discussion criticizing their employer.  In the Facebook discussion that prompted the firings, a former employee complained in a status update that she owed more taxes than expected because of […]