GT L&E Blog Global Developments In Labor & Employment Law

Monthly Archives: April 2010

How Private Are Employees’ Electronic Communications?

By GT Labor & Employment Team on Posted in Privacy

Most employers provide their employees with all sorts of technology, including Blackberries, Internet access, and email accounts.  And all of this technology typically flows through the employer’s network and servers. Because this technology is the employer’s property, it’s reasonable to assume that the employer can monitor and review employees’ emails, text messages, IMs, etc., sent and received… Continue Reading

The End of Class Arbitration?

By GT Labor & Employment Team on Posted in Litigation

Many employers require that employees agree in writing to arbitrate any disputes that may arise in connection with their employment. The reason is simple: arbitrating employment disputes usually is less expensive and provides a quicker resolution than litigation. However, like litigation, arbitration can sometimes be unpredictable. This presents a problem because, unlike litigation, it is… Continue Reading

Employers: Be Careful When Checking Employees’ Social Networking Sites

By Jay Lechner on Posted in Harassment, Privacy

Forty-five percent of employers use social networking sites such as Facebook, MySpace or Twitter to research job candidates, according to a CareerBuilder.com survey. Thirty-five percent reported having refused to hire candidates based on content found on those sites. Obviously, employers have valid reasons for viewing these sites; even the Florida Board of Bar Examiners recently suggested that bar applicants’ web postings may reflect an applicant’s character and… Continue Reading

Unpaid Internships, Under Increased Scrutiny

By Eric Sigda on Posted in Wage & Hour

 Lately, many regulators have begun to scrutinize unpaid internship programs. For years, unpaid internships provided students and other individuals entering the workforce with an opportunity to learn about a business. However, with the recession, employment agencies have been checking whether an unpaid internship is really a job in disguise. Regulators are very concerned about circumstances… Continue Reading

COBRA Subsidy Extended

By Eric Sigda on Posted in Legislation

As expected, on April 15, 2010 President Obama signed into law an extension of the COBRA premium subsidy through May 31, 2010 (Continuing Extension Act of 2010).  An individual is eligible for the subsidy if the individual elects COBRA coverage after an involuntary termination of employment. Eligible individuals pay only 35 percent of their COBRA… Continue Reading

The ADA: Headaches or a Litigation Perfect Storm?

By Jay Lechner on Posted in Disability

The American Psychiatric Association has proposed dramatic changes to the Diagnostic and Statistical Manual of Mental Disorders (“DSM”). In a recent Los Angeles Times opinion piece (LA Times), the chairman of the task force that created the DSM-IV warned that, by “recklessly” setting too loose criteria for diagnosing mental disorders, the new proposed DSM-V will… Continue Reading

The Health Care Bill – Lesser-Known Employer Requirements

By Jay Lechner on Posted in Benefits, Whistleblower

By now, you’re probably aware that the new health care bill (Pub. L. No. 111-148) (GPO), assuming it withstands constitutional challenge, will affect employer responsibilities with respect to health insurance coverage and notice to employees. If not, take a look at GT’s Health & FDA Business Group detailed breakdown of the pertinent changes. (pdf) What you may… Continue Reading

DOL Posts Enforcement Data Online

By Jay Lechner on Posted in Wage & Hour

For employers in the midst of US Department of Labor matters, a new wrinkle emerged this week. DOL announced it has made available online a searchable database of enforcement data collected by Wage and Hour Division (WHD), Office of Federal Contract Compliance Programs (OFCCP), Employee Benefits Security Administration (EBSA), Occupational Safety and Health Administration (OSHA)… Continue Reading

Negative Reference Leads to Multimillion Dollar Verdict

By Daniel Pasternak on Posted in Litigation, Privacy

Like most employers, Credit Agricole’s policy is only to confirm dates of employment in response to a request for employment verification, without providing any information about a former employee’s job performance. But that didn’t happen to William Raedle. Instead, according to court testimony reported in the press,his former supervisor told a prospective boss at Dreyfus… Continue Reading

The Financial Reform Bill: Unadvertised Consequences for Employers

By Jay Lechner on Posted in Legislation, Whistleblower

The financial reform bill being debated in Congress has been controversial largely for the proposed creation of a consumer protection agency (Forbes).  A lesser-known provision in the bill could result in greater repercussions for employers. Specifically, the bill would significantly expand the Sarbanes-Oxley (SOX) whistleblower protections (Restoring American Financial Stability Act of 2010), as follows: • Ensure subsidiary coverage A… Continue Reading