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Attendance May be an Essential Function of the Job

April 23, 2012 | Blog | By Martha Zackin

This case tests the limits of an employer’s attendance policy. Just how essential is showing up for work on a predictable basis? In the case of a neo-natal intensive care nurse, we conclude that attendance really is essential. 
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NLRB Cannot Require Employers to Post Notice of Union Rights-At Least Not Yet

April 18, 2012 | Blog | By Martha Zackin

There has been much written about the NLRB rule requiring employers- even those without unionized workforces- to a notice about union rights.  Click here, here, here, and here for earlier blog entries.  On April 17, 2012, the United States Court of Appeal for the D.C. Circuit barred enforcement of the rule, at least for now, while litigation is pending.
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California Employers Have No Duty to Ensure Employees Do Not Work During Meal Breaks: Brinker Restaurant Corp. v. Superior Court

April 13, 2012 | Blog | By Martha Zackin

California employers, and employers with California employees, have been waiting for the California Supreme Court to decide Brinker Restaurant Corp. v. Superior Court, regarding the scope of an employer’s duty to provide meal periods.
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Job Applicants Asked for Facebook Passwords

March 21, 2012 | Blog | By Martha Zackin

News outlets are all a-twitter about the practice of some employers to ask applicants for their Facebook login and password information, so they can have a “look around” as part of the interview process. Click here and here, for sample stories. The ACLU has weighed in, with the following statement:
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EEOC Signals Renewed Focus on "Caregiver Responsibilities" Discrimination

March 20, 2012 | Blog | By Martha Zackin

“Caregiver responsibilities” is not a protected category under federal fair employment practice laws, meaning that it is not unlawful to discriminate against individuals with caregiving responsibilities.
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FEDERAL COURT REJECTS BID TO SCRAP THE NLRB'S RULE REQUIRING NON-UNION EMPLOYERS TO POST NOTICE OF UNIONIZATION RIGHTS

March 8, 2012 | Blog | By Martha Zackin

The NLRB’s new notice-posting requirement is one step closer to reality as the United States District Court for the District of Columbia has, in National Ass'n of Manufacturers v. National Labor Relations Board, dismissed a claim by various business groups claiming that the NLRB had overstepped its rulemaking authority in requiring the notice.
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Leave of Absence as Reasonable Accommodation for Disability? It Depends.

February 29, 2012 | Blog | By Martha Zackin

We have written before about the EEOC’s position that inflexible leave of absence policies may violate the Americans with Disabilities Act.
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Employee is Not "Substantially Limited" Under the ADA When He is Able to Work a 40-Hour Week But No Overtime.

February 15, 2012 | Blog | By Martha Zackin

Some people just can’t catch a break.  In recent years, this was certainly true of Michael Boitnott, an employee of Corning Incorporated.
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Update: Who Owns a Company's Twitter Account?

February 9, 2012 | Blog | By Martha Zackin

On January 5, we posted a blog entry about the case of PhoneDog v. Kravitz, pending in the United States District Court for the Northern District of California.  In short, during his employment with PhoneDog, Kravitz  used a PhoneDog twitter account (@PhoneDog_Noah) to disseminate information on behalf of the company and to promote its services.
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NRLB Report: Employers' Social Media Policies Must be Narrow, Must not Restrict Right to Engage in Protected Activities

January 30, 2012 | Blog | By Martha Zackin

The National Labor Relations Board (NLRB or the “Board”) released a report providing important guidance to employers on drafting social media policies that comply with its interpretation of labor laws. The report draws on several recent cases addressing employer policies limiting the use of social media by employees, and builds on a similar report issued last fall.
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Retaliation: 2012 and Beyond

January 26, 2012 | Blog | By Martha Zackin

Retaliation claims are here to stay. According to charge statistics recently released by the EEOC, retaliation claims rose to an all-time high of 37,344 in fiscal year 2011, and were included in 37.4% of all charges filed with the agency.
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Reminder: Include GINA "Safe Harbor" Language in FMLA Forms

January 24, 2012 | Blog | By Martha Zackin

Employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors to covered employers, must comply with the Family and Medical Leave Act (“FMLA”).
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FMLA Protects Workers Even Before They Are Eligible for FMLA Leave

January 12, 2012 | Blog | By Martha Zackin

In a case of first impression, the United States Court of Appeals for the Eleventh Circuit recently held that the Family and Medical Leave Act (“FMLA” or the “Act”) protected a pregnant worker who was fired after she requested leave, despite the fact that she was not eligible for FMLA leave when she made the request, because she would have been eligible at the time
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NLRB Says Employers - Even Those With Non-Unionized Workforces - Cannot Require Non-Management Employees to Waive Their Rights to Proceed with Class, Collective, or Other Joint Claims Addressing Wages, Hours or Working Conditions

January 11, 2012 | Blog | By Martha Zackin

In yet another controversial move, the National Labor Relations Board (NLRB) has ruled that employers violate the National Labor Relations Act (NLRA) when they require non-management employees, as condition of employment, to waive their rights to pursue class, collective or other joint claims regarding their wages, hours and working conditions in court
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California Wage Theft Protection Act UPDATE

January 6, 2012 | Blog | By Martha Zackin

We recently reported about the new California Wage Theft Protection Act (“Act”) that went into effect on January 1, 2012. On December 30, 2011, the Division of Labor Standards Enforcement (“DLSE”) published its "Frequently Asked Questions" (“FAQ”) regarding the new Act and its notice requirements.
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Social Media Quandary: Who Owns the Company's Twitter Account?

January 5, 2012 | Blog | By Martha Zackin

These days, many employers sponsor social media accounts, whether on LinkedIn, Facebook, Twitter, or other social media sites. Of course, the “company” itself cannot post to an account, so the task always falls on one or more employees to post entries and monitor the accounts.
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California Imposes New Background Check Requirements On California Employers

December 29, 2011 | Blog | By Martha Zackin

In addition to the California Wage Theft Protection Act, which you can read about here, and thanks to AB 22, California employers will be ringing in the new year with a new California Labor Code provision, Labor Code Section 1024.5, and an amendment to California’s Consumer Credit Reporting Agencies Act (CCRAA), Civil Code Section 1785.20.5.
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ONCE AGAIN, THE NLRB POSTPONES IMPLEMENTATION OF RULE REQUIRING NON-UNION EMPLOYERS TO POST NOTICE OF UNIONIZATION RIGHTS

December 27, 2011 | Blog | By Martha Zackin

The NLRB has postponed the implementation date for its new notice-posting rule three more months – from January 31, 2012 to April 30, 2012. The rule would require businesses to post notices apprising workers of their right to unionize.
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Southern District of New York Judge Holds that Fair Labor Standard Act Collective Action Waivers in Arbitration Agreements Are Unenforceable As a Matter of Law

December 14, 2011 | Blog | By Martha Zackin

Employers should take notice of a recent case out of the Southern District of New York, Raniere v. Citigroup, Inc., 11 Civ. 2448, 2011 WL 5881926 (S.D.N.Y. Nov. 22, 2011) (Sweet, J.), in which the court concluded that a Fair Labor Standards Act collective action waiver included in an arbitration agreement is unenforceable as a matter of law.
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California's New Wage Theft Protection Act- Happy New Year to California Employers

December 13, 2011 | Blog | By Martha Zackin

The start of a new year often means new laws for California employers to follow, and new administrative burdens for them to bear. The start of 2012 will be no exception.
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