Beth P. Zoller

Beth P. Zoller

XpertHR - Partnered with LexisNexis


Latest Publications

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Infographic: Social Media In The Workplace

The brave new world of social media has given employers fresh terrain to navigate and potential minefields to avoid....more

6/18/2013 - First Amendment NLRA Social Media Social Media Policy Training Workplace Hazards

Nevada Abolishes Law That Permitted Discrimination Against Communist Employees

Effective October 1, 2013, Nevada employers will be prohibited from discriminating or taking an adverse employment action against an individual who is a member of the Communist Party. +2013 Bill Text NV S.B. 506....more

6/14/2013 - Adverse Employment Action Discrimination New Legislation Political Expression

5th Circuit: Title VII Protects Lactation As A Pregnancy-Related Condition

The 5th Circuit unanimously reversed a well-publicized lower court's ruling in a sex discrimination case and held for the first time that lactation is related to pregnancy and, therefore, covered by Title VII and the...more

6/12/2013 - Breastfeeding Discrimination PDA Pregnancy Discrimination Sex Discrimination Title VII

Oregon Is 10th State To Pass Social Media Privacy Law

Effective January 1, 2014, Oregon will prohibit employers from compelling an employee or applicant to disclose or provide access to a personal social media account or to add an employer to a social media contact list. +2013...more

6/7/2013

Vermont Passes Legislation Expanding Employee Rights To Equal Pay And Flexible Workplace

Vermont recently enacted a law amending the Vermont Fair Employment Practice Law and expanding existing equal pay and discrimination laws to provide greater protection to employees. +2013 Bill Text VT S.B. 57....more

5/31/2013 - Discrimination Flexible Work Arrangements Gender Discrimination Gender-Based Pay Discrimination Wages

Colorado Joins States Protecting Employee And Applicant Social Media Privacy Rights

Colorado has joined the growing trend among the states to protect the social media privacy rights of employees and applicants. +2013 Bill Text CO H.B. 1046....more

5/29/2013 - Hiring & Firing Job Applicants Passwords Social Media

Philadelphia Expands Protections For LGBT Workers

Philadelphia has enacted a new ordinance expanding the rights of lesbians, gays, bisexuals and transgender individuals (LGBTs) in the workplace, which may significantly affect employment policies and practices. ...more

5/28/2013 - Amended Legislation Gender Identity LGBT Local Ordinance Sexual Orientation

Minnesota Legalizes Same-Sex Marriage

On May 14, 2013 Minnesota became the 12th state to legalize same-sex marriage. +2013 Bill Text MN H.B. 1054....more

5/23/2013 - DOMA Legalization Same-Sex Marriage

Colorado Small Business Owners Are Now Exposed To Increased Damages

Colorado has passed a new law that expands the types of discrimination lawsuit damages that employees of small business employers - those with 14 or fewer employees - may be entitled to. +2013 Bill Text CO H.B. 1136. ...more

5/21/2013 - Compensatory Damages Damages Discrimination Disparate Impact Punitive Damages Small Business

NLRB Continues To Scrutinize Social Media Policies And Activities

Recent decisions from the full National Labor Relations Board (NLRB) as well as an NLRB Administrative Law Judge (ALJ) highlight the fact that social media policies and employee communications remain on the agency's radar and...more

5/20/2013 - Email NLRA NLRB Social Media Social Media Policy Unions

Delaware Is Next State To Legalize Same-Sex Marriage

Delaware is now the 11th state to permit same-sex marriage under a new law that will go into effect on July 1, 2013. This follows Rhode Island's passage of a similar law last week. +2013 Bill Text DE H.B. 75....more

5/16/2013 - Legalization Same-Sex Marriage

EEOC Wins Substantial Jury Verdicts Totaling Over $260 Million

The Equal Employment Opportunity Commission (EEOC) has obtained significant jury verdicts for damages totaling $260 million in disability discrimination and sexual harassment lawsuits. These verdicts stress the importance for...more

5/10/2013 - Disability Discrimination Discrimination EEOC Hostile Environment Jury Verdicts Sexual Harassment Workplace Violence

Another NLRB Ruling Protects Employee Social Media Complaints Regarding Supervisors

The National Labor Relations Board (NLRB) continues to send a strong message to employers that the right of both union and nonunion employees to engage in protected concerted activity extends to social media communications....more

5/8/2013 - Employer Liability Issues NLRB Protected Concerted Activity Social Media Supervisors

California Employers, Bite Your Tongue: Oral Communications May Give Rise To Privacy Claim

The California Court of Appeals held in Ignat v. Yum! Brands, Inc., +214 Cal. App. 4th 808 (2013), that an employee may file an action against an employer for the public disclosure of private facts about the employee even if...more

5/1/2013 - Employer Liability Issues Public Disclosure Public Disclosure of Private Facts Right to Privacy

Courts Hold Employers In Contempt For Violating EEOC Settlement Agreements

Employers that ignore consent decrees (court-approved settlement agreements) may be held in contempt of court and subject to additional fines, sometimes totaling $1,000 for each day of noncompliance. Recent contempt orders by...more

4/30/2013 - Consent Decrees Contempt EEOC Settlement

Utah Enacts Internet Employment Privacy Law

Utah has joined California, Illinois, Maryland and Michigan in enacting legislation to protect the online privacy of employees and/or job applicants....more

4/25/2013 - Job Applicants Privacy Policy Workplace Privacy Act

New Mexico Passes Social Media Privacy Act

New Mexico has joined California, Illinois, Maryland, Michigan and Utah in enacting legislation to protect the online privacy of job applicants....more

4/24/2013 - Internet Privacy Protection Acts Job Applicants Privacy Policy Social Media Social Media Privacy Act

New Virginia Law Protects Employees' Personal Identifying Information

Effective July 1, 2013, Virginia employers will be prohibited from releasing or communicating any personal identifying information of any current or former employee to a third party unless required by a court order, by a...more

4/15/2013 - Personally Identifiable Information Personnel Records

Utah Legislature Passes Internet Employment Privacy Law

Utah may be the next state to join the ranks of California, Illinois, Maryland and Michigan in prohibiting employers from requesting or requiring employees or job applicants to disclose their personal internet and social...more

4/3/2013 - Hiring & Firing Internet Employment Privacy Act Job Applicants Passwords Social Media

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

4/1/2013 - ADEA Age Discrimination Discrimination EEOC Equal Protection Fourteenth Amendment SCOTUS Split of Authority Title VII

Domestic Violence Victims Emerging As A New Protected Class

Domestic violence, sexual assault and stalking can impact the health, productivity and performance of victims, resulting in a loss for employers of those victims. To help prevent these issues from negatively affecting the...more

3/15/2013 - Discrimination Domestic Violence EEOC Reasonable Accommodation VAWA

OFCCP Abandons 'Cookie Cutter' Approach To Investigating Federal Contractor Discriminatory Pay Practices

The Office of Federal Contractor Compliance (OFCCP) has adopted new policies and procedures that will make it easier for its compliance officers to uncover pay discrimination among federal contractors....more

3/4/2013 - Contractors Discrimination OFCCP Title VII Wages

Phoenix Now Prohibits Sexual Orientation, Gender Identity And Disability Discrimination

Arizona employers take note - the Phoenix City Council has passed a measure prohibiting employers from discriminating against lesbian, gay and transgender individuals, as well as individuals with disabilities. The Ordinance...more

3/1/2013 - Anti-Discrimination Policies Disability Discrimination LGBT

"Bumpy" Road Ahead: A Prudent Employer's Guide To Pregnancy Discrimination Laws

When an employee announces her pregnancy, a prudent employer should proceed cautiously because a bumpy road lies ahead as legislators and policymakers at the state and federal level push for greater protection for pregnant...more

3/1/2013 - ADAAA Disability EEOC FEHA PDA Pregnancy Pregnancy Discrimination Pregnant Workers Fairness Act

Sequestration May Impact Federal Contractors

If Congress and the White House do not reach a deal on the sequestration, employers with federal contracts should be prepared to take immediate action to deal with drastic cuts in government spending that will result....more

3/1/2013 - American Taxpayer Relief Act Budget Control Act of 2011 Collective Bargaining Contractors Discrimination Employee Benefits Non-Immigrant Visas Required Documentation Sequestration Termination Unemployment Insurance Unions Wage and Hour WARN Act

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