Archives for September 2014

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 […]

ELS Partner Chandra C. Davis Served as Panelist at Women in Business Event in New York

ELS Partner Chandra Davis served as a panelist at the Women in Business event entitled Women, Words, Wisdom, & Work held on Thursday, September 25, 2014 in New York City. The event was hosted by Tracy Castle-Newan, who serves as Managing Director and Global COO for Equity Distribution at Morgan Stanley.

4 Tips For Retail Employee Social Media Policies

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. The tension between the […]

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 […]

ELS Partner Chandra Davis to Serve as Panelist at 30th Annual Super Tuesday Conference!

ELS Partner Chandra Davis will serve as a panelist on the Biz Mic talk program at the Sheraton Atlanta on September 30, 2014 as part of the 30th Annual Super Tuesday Conference.  The inaugural Biz Mic program is an energetic talk-show style program designed to answer all questions regarding finance, human resources, legal issues, healthcare and fitness by […]

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 […]

ELS Partner Chandra C. Davis Presented at EEOC Two-Day Seminar

ELS Partners Chandra C. Davis presented on “EEO Do’s and Don’ts” at the EEOC Two Day Seminar on August 21, 2014 at the Atlanta Marriott Marquis. Other topics discussed were: EEOC’s Top Ten Litigation Developments Employee Discipline & Performance Evaluations National Origin Discrimination The Civil Rights Act:  A Rich History & Legacy Title VII:  Faces & Case […]

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 […]