Did Employer's Constant Phone Calls to Employee Violate FMLA Rights?
Feb 17, 2011
A federal district court in Arkansas recently had to decide whether it is interference of the Family and Medical Leave Act ("FMLA") for an employer to repeatedly call an employee on FMLA leave and alwa...
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Unfortunately, There Is No Law against General Incivility in the Workplace
Feb 17, 2011
One of the hardest realities to communicate to potential clients is the fact that though some workplaces and coworkers are mean, unbearable and sometimes cruel, it simply is not against the law to be s...
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Unfortunately, There is No Law Against General Incivility in the Workplace
Feb 10, 2011
One of the hardest realities to communicate to potential clients is the fact that though some workplaces and coworkers are mean, unbearable and sometimes cruel, it simply is not against the law to be s...
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Another Facebook, Social Media Labor Case on the Rise?
Feb 10, 2011
Yesterday the National Labor Relations Board ("NLRB") announced that it had reached a settlement on the eve of trial with a Connecticut employer who terminated an employee after she posted some comment...
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Can I Be Fired Because of What I Write on Facebook?
Feb 10, 2011
Any time there is a break-through in technology it is almost certain that legal implications and challenges will arise leaving lawyers, judges and legislators with the problem of discovering whether an...
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NLRB Settles Facebook Discharge Case
Feb 07, 2011
It looks like we will have to wait another day to see how a protected concerted activity case would play out in the social media context. The National Labor Relations Board ("NLRB") announced today tha...
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Did the NLRB Expand the Definition of "Protected Concerted Activity"?
Feb 01, 2011
Under Section 7 of the National Labor Relations Act ("NLRA"), employees are afforded the right to engage in protected concerted activities with or without a union, which are usually group activities (2...
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9th Circuit Expands Reach of WARN Act, Defines "Voluntary Departure"
Jan 26, 2011
The Worker Adjustment Retraining Notification Act ("WARN") is a law that requires "covered employers" (usually those with 100 or more employees) to give 60 days' advance notice before ordering a "plant...
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9th Circuit Makes it Harder for Employers to Recover Attorney's Fees in Frivolous Claims
Jan 25, 2011
A recent decision by the Court of Appeals for the Ninth Circuit has held that even if an employer carries its burden of showing that some of a plaintiff's claims are "frivolous, unreasonable or without...
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7th Circuit Rules Oral "Right to Sue" from EEOC is Not Sufficient to Start 90-Day Period
Jan 20, 2011
In order for someone to pursue an employment claim in federal court a notice of dismissal rights, known as the "right to sue" letter, mailed to them by the Equal Employment Opportunity Commission (EEOC...
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