For the second year in a row, it was retaliation. Of the nearly 100,000 Charges of Discrimination that employees filed with the EEOC in 2011, retaliation claims accounted for just over 37% of them. Race claims were just behind at 35.4%. Sex was third at 28.5%.
A complete breakdown of 2011 EEOC charge statistics can be found here.
Humblebrag alert.
Reporters call me all the time. It’s a wonder that I can get any work done.
Why, just last week, I was speaking to a reporter about an action recently initiated by current and former employees of the FDA, alleging that the agency unlawfully monitored their private emails. During our discussion, I mentioned another case — this one called Stengart v. Loving Care Agency — in which the NJ Supreme Court held that an employee who emails her attorney from a company computer may have a reasonable expectation of privacy in those emails provided that the employee uses a password-protected web-based email account.
Ah, serendipity! The following day, I read about another case decided last week in which the NJ Superior Court reaffirmed that many employee emails are not private. More on this case and a best practice for employers after the jump…
Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.
Janette’s post on criminal background checks, which includes some best practices for employers, follows after the jump…
(Want to guest blog at The Employer Handbook? Email me.)
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In Pennsylvania, as in most states, an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all.
How hard is it to overcome the at-will employment presumption? Pretty darn hard, as the Third Circuit Court of Appeals reminded us last week. More on this decision and some tips for employers after the jump…
In this case of first impression in the Third Circuit Court of Appeals, which covers PA, NJ, DE, and USVI, the court ruled that a supervisor in a public agency may be subject to personal liability under the Family and Medical Leave Act. The court further emphasized that there is “no reason to distinguish between public agencies and private employers under the FMLA insofar as individual liability is concerned.”
Details after the jump…
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The United States Department of Labor announced here yesterday that it is issuing proposed rules that would expand military family leave provisions under the Family and Medical Leave Act and incorporate a special eligibility provision for airline flight crew employees.
Details and links after the jump…
At least that’s what this survey from Millenial Branding says. (It’s also on this infographic if you’re lazy). According to the survey, which consisted of 4 million Gen-Y (ages 18-29) Facebook profiles from Identified.com’s database of 50 million, nearly two-thirds of Gen-Y fail to list their employer on their profiles. However, they average 16 co-worker friends.
More on this, along with some tips for employers, after the jump…
The Associated Press reports here that the National Football League will suspend its social media policy for one day — Sunday — to allow players who are participating in the Pro Bowl to tweet during the game.
Under the current NFL policy, players, coaches and football operations personnel can use Twitter, Facebook and other social media up to 90 minutes before kickoff, and after the game following traditional media interviews.
During the Pro Bowl, however, the NFL will set up a computer on each sideline where players are encouraged to use Twitter (and the #ProBowl hashtag) to communicate with fans, teammates and even opponents during commercial breaks and when their offensive or defensive unit is not on the field. 49ers Pro Bowl tackle Joe Staley plans to #tweetlikeaboss.
Yesterday, the National Labor Relations Board announced in this press release that it had issued a second social-media report to help provide further guidance to practitioners and human resource professionals.
What does that report say? And how can you bulletproof your social-media policy?
Find out after the jump…
Well, at least that’s what a federal court recently told a defendant-employer in this ruling.
In Tompkins v. Detroit Metropolitan Airport, the plaintiff suffered a slip-and-fall and later claimed back and other injuries. She sued her employer, who subsequently demanded that Tompkins provide full access to her Facebook account. Acknowledging that Facebook information that a user shares only with a few Facebook friends may still be discoverable, the United States District Court for the Eastern District of Michigan, emphasized that there are limits to the Facebook discovery that a party may pursue:
[M]aterial posted on a “private” Facebook page, that is accessible to a selected group of recipients but not available for viewing by the general public, is generally not privileged, nor is it protected by common law or civil law notions of privacy. Nevertheless, the Defendant does not have a generalized right to rummage at will through information that Plaintiff has limited from public view. [T]here must be a threshold showing that the requested information is reasonably calculated to lead to the discovery of admissible evidence.
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