Add the United States Senate to the growing list of legislative bodies considering new laws that would ban employers from requiring job applicants to turn over their Facebook usernames and passwords as part of the background investigation process. As the number of stories of applicants rejected or employees being “Facebook-fired” has grown, savvy social media… Continue Reading
Monthly Archives: March 2012
FMLA Liability Expanded to Individual Supervisors
Posted in FMLAIn Haybarger v. Lawrence County Adult Prob. & Parole, the Third Circuit unanimously held that a supervisor, both in the private and public sectors, may be held individually liable for violations of the Family and Medical Leave Act (FMLA).
States Immune From Self-Care FMLA Claims
Posted in Benefits, Constitution, FMLAIn Coleman v. Court of Appeals of Maryland, in a 5-4 plurality ruling, the U.S. Supreme Court held that states are immune from suit as sovereigns under the self-care provision of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. Coleman was an employee of the Maryland Court of Appeals… Continue Reading
Comment Period on DOL’s Proposed Changes to ‘Companionship Exemption’ Set to Close on March 21, 2012
Posted in FLSA, Wage & HourThe extended period to submit comments on the Department of Labor’s proposed rules affecting the FLSA’s “companionship exemption” is set to close on March 21, 2012. The comment period had originally been set to expire on February 27, 2012, but was extended for two weeks in late February, and then for another nine days in early March.
Court refuses to enjoin enforcement of NLRB notice-posting rule pending appeal
Posted in LaborLast week, we reported that the United States District Court for the District of Columbia upheld the NLRB’s notice-posting rule in part. The court’s ruling upheld the portion of the rule requiring the posting of the notice, but struck down the parts of the rule that would have created a new unfair labor practice for… Continue Reading
GT Alert — Massachusetts Personal Information Data Security Regulations: Are You in Compliance With the March 1 Deadline?
Posted in LegislationMarch 1, 2012 marks a critical compliance date for businesses covered by the Massachusetts data security regulations, which includes virtually all Massachusetts employers. Regulations implementing Massachusetts law defining standards to be met by businesses with access to “personal information” of any Massachusetts resident went into effect in 2010. The regulations contain a two-year grace period… Continue Reading
Court upholds NLRB’s notice-posting rule but strikes down punitive provisions
Posted in LaborWe’ve been following the legal challenges to the NLRB’s notice-posting rule, which would require virtually all private-sector employers to post a notice informing employees of their right to join a union, among other rights under the National Labor Relations Act. Today, the United States District Court for the District of Columbia issued its decision in… Continue Reading
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