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Log In / Register | Dec 21, 2014

Employers who Solicit Facebook Friend “Snooping” Could Face Liability Under Federal Stored Communication Act

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.

Surge in ADA Disability Lawsuits to Continue in 2013 with Restaurant and Foodservice Employers in Crosshairs

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.

Settlement of EEOC Lawsuit Against Wendy's Franchisee Offers Lesson

A Wendy’s franchisee’s settlement this week of an Equal Employment Opportunity Commission (“EEOC”) lawsuit, brought under the Americans with Disabilities Act (“ADA”), highlights both the increased aggressiveness of the federal agency toward fast food restaurants as well the need for employers to engage in an interactive process with job applicants and employees to make reasonable accommodations under the ADA.

DC Court Enjoins Enforcement of NLRB Notice Posting Rule

On April 17, 2012, the U.S. Court of Appeals for the District of Columbia issued an injunction preventing the National Labor Relations Board ("NLRB") from enforcing its employee notice posting rule, which had been scheduled to become enforceable on April 30, 2012

Federal Judge Rejects Request for Stay in Implementation of Union Rights Posting Requirement

A federal judge has ruled that implementation of a rule, requiring most private sector employers to post notice of employee union rights, will not be stayed pending an appeal of the court ruling allowing it to proceed.

NLRB Delays Requiring Employers to Post Rights to Unionize

Franchisees and other employers get a short extension of time before they have to comply with the controversial new rule.