Trial by Jury: Why It Matters in a Democratic Society
A Moment of Simple Justice - Stop Talking
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Bringing a Lawsuit to Find Out What Happened and Why
A Moment of Simple Justice - Death by Cop
A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Revenge Porn
The Evolution of Informed Consent in U.S. Courts
FCPA Compliance and Ethics Report-Episode 71-World Cup Report-Part IV
Why Does BigLaw Have So Few Black Partners?
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
New Program Helps Women Lawyers Return to BigLaw
A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Annual Labor & Employment Update 2013
NYC Gifted Programs Should Rely on 'Math,' Lawyer Says
Coyle: Robert's SCOTUS Doesn't Respect Congress
Hospitals have long seethed over employees who exploit their inside information to become whistleblowers. There’s generally not much they can do besides seethe unless the employee has some special duty of confidentiality...more
According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part...more
Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be...more
The 2014 Ebola outbreak is the largest one of its type in history and the first in West Africa. A severe and often fatal disease in humans, Ebola symptoms include fever, headache, joint and muscle aches, weakness, diarrhea,...more
EEOC Files Lawsuit and Motion for TRO and Injunction. Last week, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court of Minnesota to prevent Honeywell International Inc. (Honeywell)...more
Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more
As the number of Ebola cases hits the 10,000 mark, employers the world over are looking to put in place plans to prepare in the unlikely event that an employee becomes exposed to or ill with the virus. Is your business...more
As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their...more
Rapidly changing circumstances raise workplace questions.
The Ebola epidemic in 2014 has already been confirmed by the U.S. Centers for Disease Control (CDC) as the worst in history. The extent of this outbreak is...more
With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees....more
If your company’s background check disclosure form includes a release of liability, take it out.
Less than a year after a federal district court in Pennsylvania ruled that Closetmaid violated the Fair Credit Reporting...more
Who, What, Why . . .
Who does it apply to: It is up to you. A business with two employees might benefit from an employee handbook. A business with 100 might function fine without one. There are no legal rules about...more
This author wrote previously on the status of sexual harassment investigations under the Freedom of Information Act [”FOIA”]. In a case that has grabbed some notoriety; the Freedom of Information Commission [“FOIC”] has...more
Connecticut has added mortgage brokers, lenders, and servicing companies to the list of “financial institutions” exempted under the state’s existing law limiting credit checks for purposes of employment. The amendment, which...more
These days, many large employers have some form of wellness program, designed to help their employees address medical and lifestyle issues. Many employers reward employees who participate with discounts on insurance premiums...more
The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more
Does his hand hurt? Between signing and vetoing bills this year, California Governor Jerry Brown exercised his executive signature on the highest number of bills sent to a California governor since 2008.
The Louisiana 2014 Regular Legislative Session closed on June 9, 2014. In the subsequent weeks, Governor Bobby Jindal signed into law several bills that affect employers. These new laws, which are summarized below, became...more
Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information...more
The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more
More than 50% of teens have experienced cyber bullying. Parents have historically looked to their children’s schools and local government to address the issue, but what about the social media sites which contribute to the...more
Significant electronic data breaches made headlines again this week. Supervalu announced that millions of customer credit card numbers were stolen at various stores. ...more
Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s own file on an employee who filed a human rights complaint with the Tribunal? That question is...more
A recent federal court decision underscores the importance of ADA compliance and medical confidentiality.
In this case, an employer could end up being liable because an employee posted confidential medical information...more
On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called...more
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