Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Protected Concerted Activity

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Employers, don’t let that “protected” employee hold you hostage.

Posted in Evidence, Protected Concerted Activity, Retaliation, Wage-Hour
Kevin Kasten, the plaintiff from the 2011 Supreme Court case addressing retaliation based on an oral FLSA complaint, will get a jury trial. The latest decision contains valuable warnings for employers who don't want to be held hostage by employees who have pending charges or complaints of any kind… Continue Reading

Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Labor Relations, Protected Concerted Activity, Social media
How will the Defense of Marriage Act decision affect spousal FMLA leave? Also recent decisions involving the ADA and GINA, doings at the NLRB, and innovations to get around drug laws and drug tests. We have it all!… Continue Reading

This week in labor and employment law – Marx Brothers Edition

Posted in Americans with Disabilities Act, Civil Procedure, Class actions, Discrimination, Harassment, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
It's been another zany week or so in the world of labor and employment law, rivalling Groucho, Harpo, Chico and Zeppo. Pepsi bottling pays $3.13 MM for race discrimination, "garden variety emotional distress," NLRB two-man panel nixes arbitration agreement, Obama and GOP outmaneuver each other on "recess" appointments, Lutherans win big, un-"PC" librarian loses… Continue Reading

Happy *hic* New Year! 2011 labor and employment law year in review

Posted in Affirmative Action, Americans with Disabilities Act, Class actions, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Independent Contractor, Labor Relations, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
Here is a whimsical and moderately amusing catalog of the major employment and labor law developments from 2011. (I just heard that the world really isn't going to end on 12/21/12. What's with that? You mean we have to do this again next year?)… Continue Reading

Don’t let that employee probationary period lull you into a false sense of security

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Protected Concerted Activity
Employers, are you expecting too much from your "probationary period"? Most employers have a 90-day "probationary period," and if you believe what's in their policies, they can fire an employee for any reason during that period -- no ifs, ands, or buts. But, is that correct… Continue Reading

Employment law roundup: Do sexy immigrants who E-verify on Facebook cause obesity?

Posted in Discrimination, Harassment, Protected Concerted Activity, Social media
Top stories this week: The sexual assault charges against Dominique Strauss-Kahn have spurred discussion about employees in the hospitality industry, and their exposure to customer sexual harassment. Employers in industries with customer contact should be aware that they can, under certain circumstances, be liable for harassment by customers… Continue Reading