I was Terminated, the Handbook had a Progressive Discipline Policy that Was Not Followed. What Can I
Oct 28, 2010
I was recently reviewing a case out of Minnesota involving this situation (Stagg v. Vintage Place Inc. A09-949 (Minn. Ct. App. 2010)), and was somewhat shocked to learn that in Minnesota, courts have d...
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Is it legal for my employer to require me to use PTO?
Oct 25, 2010
I am a member of several websites where the lay and the like are able to submit various legal questions for members of the legal community to take a stab at (without creating a client-attorney relation...
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Employee Granted All FMLA Leave, Court Still Allows Interference Claim to Proceed
Oct 18, 2010
In an interesting decision out of the Court of Appeals for the D.C. Circuit, a former legal secretary's FMLA interference claim was remanded back to trial court and summary judgment was reversed even t...
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Court Decision Holds Employee Had No Reasonable Expectation of Privacy in Facebook and Myspace
Oct 17, 2010
A plaintiff alleging permanent physical injuries sought to prevent discovery of contents from her Facebook and MySpace pages which displayed content in direct contradiction to her claims that she had s...
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Unemployment Compensation Claim Fraud on the Rise
Oct 12, 2010
Earlier today a session in the Legislative Council study committee on fraud in public benefit programs revealed that fraud in unemployment compensation claims is likely to rise this year for the third ...
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If I am on FMLA Leave, May My Employer Discontinue My Health Insurance?
Oct 12, 2010
This is a common concern and worry many employees have when they take leave pursuant to the Family and Medical Leave Act ("FMLA"). The answer may not be obvious but the point of FMLA leave is to protec...
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Supreme Court Denies Cert in Donning and Doffing Case
Oct 11, 2010
The Supreme Court of the United States denied cert in a case out of the Court of Appeals for the Fourth Circuit involving time spent donning and doffing protective gear at a unionized poultry processin...
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DOL Releases Fact Sheet on Break Time for Nursing Mothers Under FLSA
Oct 06, 2010
The fact sheet provides general information on the break time requirement for nursing mothers in the Patient Protection and Affordable Care Act ("PPACA"). From the fact sheet:
General Requirements
Emp...
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Wisconsin SC Rule Communications Sent Via Government Property Doesn't Subject to Open Records Law
Oct 06, 2010
In a victory for employee privacy rights, the Wisconsin Supreme Court ruled that just because a public employee uses a work computer to send an e-mail, it doesn't automatically make that message subjec...
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10th Circuit Upholds Diocese's Use of the Ministerial Exception
Oct 06, 2010
The Court of Appeals for the Tenth Circuit upheld the district court's grant of summary judgment and found that the Roman Catholic Diocese of Tulsa fit under the ministerial exception to Title VII whic...
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