With the announcement of the April 24 release date for the long anticipated Apple Watch (http://www.cnet.com/products/apple-watch/), this is a good time for employers to consider the topic of wearable technology.
New Rules for Federal Contractors:
On December 3, 2014, the Department of Labor announced a Final Rule changing OFCCP’s regulations so that they prohibit discrimination based on, and require treatment of applicants and employees without regard to, sexual orientation or gender identity. These final rules were issued as a result of President Obama signing an executive order in July, 2014, extending workplace protections to lesbian, gay, bisexual and transgender (LGBT) Americans in the federal contracting workforce.
On Tuesday, the Supreme Court issued a highly-anticipated ruling in the case of Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (Dec. 9, 2014, Thomas, C.).
This Wednesday, December 3, 2014, the United States Supreme Court will hear oral arguments in the case of Young v. UPS, No. 12-1226, on appeal from the Fourth Circuit Court of Appeal. The Young case has received significant attention because it asks the Court to directly address the question of what, if any, accommodation is required for a pregnant worker with work limitations under the Pregnancy Discrimination Act, incorporated into Title VII of the Civil Rights Act in 1978, where the employer provides work accommodations to non-pregnant employees with work limitations, such as those affected by on-the-job injuries or a disability as defined by the Americans with Disabilities Act.
The U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued a final rule on September 11, 2014, requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule will go into effect on Jan. 1, 2015. The rule also updates the list of employers partially exempt from OSHA’s recordkeeping requirements.
Companies with Kentucky employees need to review their non-competition agreements.
Two federal courts recently dealt with thorny issues stemming from defendant employers’ use of the attorney-client privilege and work product doctrine. These rulings should be heeded by those of us who develop or revise electronic data review protocols, particularly any guidance for determining when to withhold documents under the attorney-client privilege or the work product doctrine.
Stressing that technology has made telecommuting easier, the Sixth Circuit yesterday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. failed to accommodate a worker with irritable bowel syndrome (IBS) by refusing her request to work from home most days.
While the rest of us have been cheering on our favorite teams or sulking due to our busted March Madness brackets, Northwestern University has been fighting a different battle before the National Labor Relations Board (“NLRB”). On March 26, 2014, a regional director for the NLRB ruled that football players at Northwestern qualify as “employees” and have the right to unionize, paving the way for athletes at private educational institutions throughout the country to unionize.
As most any litigation practitioner knows, Facebook can be GOLD. Pictures really are worth 1,000 words. . . or more. That million dollar picture of a plaintiff who has claimed debilitating emotional distress: on a boat, raising a beer with friends, and posted smack in the middle of the period of time that plaintiff claims was riddled with “emotional distress.” GOLD. And it happens with regularity. Facebook, as with other social media, is a medium of the moment – individuals post (and get tagged) in pictures posted during the adrenaline-infused, alcohol-fogged moments of “good times.” And it is exactly these moments – moments easily forgotten by Plaintiffs asking a judge or jury for emotional distress damages – that are crucial to developing a clear picture of emotional distress.
Topics/Tags
Select- Labor & Employment Law
- Labor Law
- Employment Law
- Department of Labor
- Department of Justice
- Discrimination
- EEOC
- Workplace Violence
- NLRB
- Department of Homeland Security
- Immigration and Customs Enforcement
- Non-Compete Agreements
- Foreign Nationals
- Immigration and Nationality Act
- Religion Discrimination
- Title VII
- Coronavirus
- Reasonable Accommodation
- Pregnancy Discrimination
- Diversity
- NLRA
- National Labor Relations Board
- Wage & Hour
- Privacy
- Artificial Intelligence
- Inclusion
- LGBTQ+
- FLSA
- Overtime Pay
- Federal Trade Commission
- Employee Benefits and Executive Compensation
- FMLA
- Arbitration
- Workplace Accommodations
- Employment Litigation
- IRS
- Litigation
- Medical Marijuana
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- OSHA
- Employer Handbook
- ERISA
- Medical Cannabis Dispensaries
- ADAAA
- Whistleblower
- Unions
- ACA
- Affordable Car Act
- United States Supreme Court
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- E-Discovery
- Evidence
- Securities Law
- Family and Medical Leave Act
- Health Savings Account
- Preventive Care Benefits
- Environmental Law
- SECURE Act
- Privacy Laws
- US Department of Labor Employee Benefits Security Administration
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Occupational Safety and Health Administration
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- Return to Work
- Seniority Rights
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
Recent Posts
- ICE Raids and Audits – What’s an Employer to Do
- New Online Registration Requirements for Foreign Nationals
- Workplace Violence: Are You Taking Required Steps to Protect Your Employees?
- EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?
- EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices
- Ohio Senate Bill 11: Key Provisions and Implications for Employers
- Shifting Burdens: Is McDonnell Douglas Past Its Prime?
- Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings
- UPDATED: What’s Next for the Department of Labor? The Confirmation of Lori Chávez-DeRemer
- Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump