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
Monthly Archives: April 2010
The End of Class Arbitration?
Posted in LitigationMany 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
Posted in Harassment, PrivacyForty-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
Posted in Wage & HourLately, 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
Posted in LegislationAs 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?
Posted in DisabilityThe 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
Posted in Benefits, WhistleblowerBy 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
Posted in Wage & HourFor 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
The Obama Board: Recess Appointments Give Democrats a 3-1 Majority on the NLRB
Posted in LaborLast week, Democrats Craig Becker and Mark Pearce were sworn in as Members of the National Labor Relations Board after receiving recess appointments from President Obama on March 27. The recess appointments of Becker and Pearce will last until the end of 2011. For the first time under the new administration, Democrats make up a majority of… Continue Reading
Negative Reference Leads to Multimillion Dollar Verdict
Posted in Litigation, PrivacyLike 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
Posted in Legislation, WhistleblowerThe 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
