The precise wording of an employer’s computer usage policy could have a significant impact in a lawsuit with a former employee. That is one lesson from a recent decision out of California. In Holmes v. Petrovich Development Co., LLC, an employee sued her employer for, among other things, discrimination and retaliation. While defending the case,… Continue Reading
Monthly Archives: January 2011
Mootness As A Defense To Extortionate FLSA Collective Actions
Posted in Wage & HourFLSA collective actions remain popular with the plaintiffs’ bar in part because of the availability of attorneys’ fees. Faced with the prospect of expensive litigation, employers many times must make the difficult decision to settle these cases early on, even when they involve minimal damages, by agreeing to pay an amount towards the plaintiffs’ attorneys’… Continue Reading
Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Posted in LegislationToday, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
NLRB advises states that secret ballot measures are preempted by the NLRA
Posted in LaborIn November, we reported that four states passed constitutional amendments guaranteeing the right to a secret ballot in union elections. On January 14, 2011, the NLRB ‘s Acting General Counsel, Lafe Solomon (who was recently nominated by President Obama to serve as the Board’s General Counsel), sent letters to the Attorneys General of these four… Continue Reading
Looking For Love In One Of The Wrong Places – Your Employer’s Computer
Posted in PrivacyYour year is starting off better than Roberto Rodriguez’s. A former employee of the Social Security Administration, Rodriguez has received 12 months in federal prison for using his work computer to look up information about his female acquaintances. To assist him in answering questions about social security benefits, Rodriguez was authorized to access a database… Continue Reading
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