No inflatable rats here, folks. Just some organizing shenanigans.
Last week, the National Labor Relations Board was tasked with determining whether a union may use the photograph of an employee, without his authorization, on union-organizing materials. Click through to find out how the NLRB decided this one…
To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that:
- she is disabled;
- she is otherwise qualified to perform the job requirements, with or without reasonable accommodation; and
- she was discharged (or otherwise suffered an adverse employment action) solely on account of her disability
After the jump, I have a recent federal court decision from Michigan which addresses the second prong above; specifically, whether and when working a minimum number of hours a week is an essential job function, such that if a disabled employee can’t work those hours, she can be fired — legally.
Recently, Glassdoor.com poured through thousands of interview questions and posted 50 that come up more often than not.
Here are the Top 10:
Yesterday, we looked at a recent federal-court decision to determine whether LinkedIn connections are considered trade secrets. Today, after the jump, we look at whether your business has any protectible interest in a LinkedIn account that you create and maintain for your employees.
Well, color me surprised (I think that’s purple).
Today, President Obama exercised his executive power to “recess” appoint — actually, to be technical about it, no one is on recess — three new members to the National Labor Relations Board, thus bringing the Board up to its full capacity of five members.
The recess appointees are Sharon Block (Dem.), Richard Griffin (Dem.), and Terence Flynn (Rep.). You can read more about them here in a White House release. And here is a release from the NLRB.
Over the past several weeks, you probably read about this case involving a company suing one of its former employees whom it alleges misappropriated a Twitter account and, along with it, 17,000 Twitter followers that the company believes it owns. A video about the case follows below:
A fight over LinkedIn connections.
But before I get to that, did you know that The Employer Handbook turns one today? It’s true. Help me blow out the candle — hey, kid! Save some for the rest of us.
Whatevs.
Just click through because I’ve got a crazazy one for you. It’s a true story about a police officer – slash – ambulance driver who started a high-speed ambulance chase to serve a restraining order on a co-worker’s ex-boyfriend and then…
Yeah, just hit the jump…
As the year draws to a close, let’s take a look back at the most popular posts at The Employer Handbook in 2011, based on number of hits:
5. Social media and the workplace. School teacher Natalie Munroe made several appearances on the blog this year. Remember her? She was the blogging school teacher who wrote that her students were “utterly loathsome in all imaginable ways.” Although, Ms. Munroe eventually returned to work, her experience is a sound reminder to always think twice before hitting “send.” You can read the fifth-most-popular post, “Yes, you CAN discipline employees who abuse social media” here.
4. I’m a poet and I don’t even know it. I’m not sure what inspired the fourth-most-popular post. It must have been a slow news day. How else do I come up with the idea to Haiku — verbing a noun, sorry — about recent employment-law decisions from the U.S. Supreme Court?
Last week, a federal appellate court (here) allowed a white assistant manager to pursue claims of reverse race discrimination against a bank because the reasons that the bank offered to the court for firing the plaintiff did not jibe with the documentation in its own file. Oh, wait a minute, there was zero documentation in the file.
I smell some trouble for the employer and some good lessons for my business readers, after the jump, of course…
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Oh, Meyer, where are you going with this one?
Well, it’s my chance to play a little GnR after the jump while reminding my awesome employer readers about what it takes for an employee to actually prove a claim of age discrimination.
(Hint: It’s not easy)…
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The Employer Handbook Blog