The Employment Law Authority - May/June 2013

I This Issue:

- “Facebook Firing” Ruling Favors Employer

- Workplace Strategies Hits New Highs

- EEOC Issues Updated Guidance For Specific Disabilities

- Genetic Discrimination Suit Settles

- Third Circuit Sides With D.C. Circuit’s Recess Appointment Ruling

- D.C. Circuit Invalidates NLRB’s Notice Posting Rule

- Justices Clarify Class Action Certification Requirements

- High Court Rules Equitable Defenses Don’t Override ERISA Plan Terms

- Association Bias Claim Fails To Survive Judicial Scrutiny

- Excerpt from “Facebook Firing” Ruling Favors Employer:

By now, employers are aware of a number of “Facebook firing” cases in which individuals who were terminated for posting content on Facebook have been reinstated after the National Labor Relations Board (NLRB) found the postings to have been “protected concerted activity” under the National Labor Relations Act (NLRA). An NLRB Associate Counsel recently took a different tack when he sent an Advice Memorandum to a Regional Director supporting the actions of a medical group that fired an employee who vented about her workplace in a private group message sent through Facebook. Tasker Healthcare Group d/b/a Skinsmart Dermatology, NLRB Div. of Advice, No. 4-CA-94222 (May 8, 2013).

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