Clothing retailer Bettie Page must reinstate three terminated employees with back pay and rescind an unlawful handbook rule, said the National Labor Relations Board in affirming a lower court’s finding that the employer violated several provisions of the National Labor…
Employees are learning the hard way that anything they say or post via online social network sites can and will be used against them in a court of law. This includes incriminating photographs that catch them in the act of…
In recently finding that the social media policy of Costco Wholesale Corp. violated federal labor law, the National Labor Relations Board took its scrutiny of such employer policies to the next level: This the first time that the full board…
With Daniel Cafaro Montana has joined the obesity debate, determining in a recent case that being severely overweight, even with no underlying medical condition, can be a disability protected by state law. In BNSF Railway Co. v. Feit (No. OP…
Business owners should be aware that customers typing away on their smartphones might actually be reporting FLSA violations to the U.S. Department of Labor. DOL’s recently created smartphone app, “Eat Shop Sleep,” allows users to search for places to eat,…
As the implications of using social media in the workplace continue to loom large, not surprisingly, how such use affects information-gathering in employment law cases is gaining attention. Among the questions raised: In an employment-law dispute, can an employer subpoena…
The Equal Employment Opportunity Commission has clarified when and how screening out job applications without high school diplomas may violate the Americans With Disabilities Act. The commission made clear that such a requirement could violate the ADA in an informal…
Based on recent case law, when it comes to social media, human resources (HR) professionals need to be mindful of the scope of their policies, as well as the context of employee comments on that platform, according to the National…
Employees filed a record number of discrimination charges with the U.S. Equal Employment Opportunity Commission this year, according to a report released by the enforcement agency. The 99,947 charges received account for all claims of discrimination based on race, sex,…
Recently, we posted survey results from the Society of Human Resource Management showing that almost a third of respondents monitor employees’ use of social media platforms. Hopefully, they are also tracking the laws that could limit the extent of such…