If, in a pending civil action, the defendant requests to Facebook “friend” the plaintiff in order to learn more about the plaintiff’s claims, must the plaintiff accept the friend request? This is precisely the issue that a PA Court of Common Pleas recently faced. So, what happened? Find out after…
The Employer Handbook Blog
Did you know? A prevailing defendant may recover e-discovery costs
Earlier this month, a Pennsylvania federal court held that plaintiffs in a contractual-dispute matter must reimburse the defendants, who prevailed on summary judgment, for all costs that the defendants incurred in the production of e-discovery. Now that’s a hammer! More on this decision and how it might apply in an…
Can you reject an applicant BECAUSE he just completed drug rehab?
Although the Americans with Disabilities Act does not protect employees or applicants who use illegal drugs, it does protect those who are “participating in a supervised rehabilitation program, have successfully such a program, or who have otherwise been rehabilitated successfully.” Does that mean that an employer cannot refuse to hire…
Give me a D-I-S-C-R-I-M-I….(you get the point)
I had trouble sleeping last night. If you read yesterday’s post, you know that when deciding between a post about an NFL cheerleader who was fired for risque pictures mailed to the Indianapolis Colts versus labor law and Twitter, I chose labor law and Twitter. ***stupid Twitter!*** I won’t make…
PROOF that a Twitter firing can withstand NLRB scrutiny. Read on…
I was considering three topics for today’s post: A teacher who was fired for watching 67 seconds of pornography; This smokin-hot cheerleader, fired for the NSFW-version of the photo on the right, who has filed a national-origin discrimination claim against the Indianapolis Colts; or A National Labor Relations Board…
Wage and hour claims made easier, thanks to an iPhone app
The U.S. Department of Labor has created apps to allow non-exempt employees to record their time on their iPhones and iPads. For more on this app and how it may impact companies with hourly employees, read on past the jump. * * * What will the app do? According to the DOL:…
How long does an employee get to review a severance agreement?
If you guessed 15 minutes, you would be right, according to a recent decision from the Third Circuit Court of Appeals. And you don’t need to point a gun at the employee’s head? A rusty fork in the doo-dads “knowing and intelligent” waiver based on a “totality of the circumstances”…
Baseball wants off-the-field conduct on the table in labor negotiations
Steroids are so 2010. With high profile baseball players like Detroit’s Miguel Cabrera and Cleveland’s Shin-Soo Choo getting arrested this year for DUI, Major League Baseball aims to crack down on certain off-the-field conduct that could give the sport a black eye. More on how this could factor into…
A rare, but important, employer NLRB victory
On April 29, a unanimous three-member panel (including Member Hayes) agreed to set aside the results of an election that the Service Employees International Union lost by a 131-82 vote. How is that good news for employers? Find out, after the jump. * * * According to the BNA Daily…
Survey says: More people are going online to find work
More than a quarter of people surveyed from around the world are going online in their hunt for work, but many are growing nervous about the potential career fallout from personal content on social networking sites, according to a recent survey. Highlights of this report after the jump… *…