Facebook postings by employees have increasingly become a factor in employment discrimination lawsuits. In some of my recent cases, employers were made aware of an employee’s threats of violence, workplace misconduct or other inappropriate actions when a co-worker, who also was a Facebook “friend”,brought the Facebook post to the employer’s attention.
In my 2011 article The Employee with the Dragon Tattoo< I addressed some of the employment law issues facing employers as new generations of employees enter the workplace. While tattoos have become more mainstream, particularly among members of Generations “Y” and “Z”, this type of self-expression is unlikely to be an asset in career advancement.
For 2013, food service employers can expect a continued aggressive approach from the Equal Employment Opportunity Commission (“EEOC”) as to violations of the Americans with Disabilities Act (“ADA”) in the restaurant industry. The significant increase of ADA charges and lawsuits by the EEOC and private claimants, which began in early 2012, shows little sign of abating in the new year.
Since its enactment in 1993, an unresolved issue under the Family and Medical Leave Act (“FMLA” or “the Act”) was exactly how the definition of “son or daughter” under Section 101(12) of the Act applied to adult children, 18 years of age or older and incapable of self-care because of a mental or physical disability.
Employers face a January 1, 2013 deadline to update the notices they must provide to employees pursuant to the Fair Credit Reporting Act (“FCRA” or “the Act”). The requirement and deadline are the result of the recently created Consumer Financial Protection Bureau (“CFPB”) assuming enforcement authority over the FCRA. Prior to the creation of the new federal agency, the Federal Trade Commission had enforced the Act.
Although the National Labor Relations Board's Acting General Counsel has issued three advisory reports about his views on corporate social media policies within the past year, the Board had not decided an actual case.
In a recent decision, the California Court of Appeal in Patterson v. Domino's Pizza, LLC, 2012 Cal. App. LEXIS 753 (June 27, 2012), held that the trial court erred in granting summary judgment to a franchisor.