NLRB Issues Advice Memorandum Weighing in On Confidentiality of Employer...
Back in August, we alerted you to an NLRB decision in Banner Health System dba Banner Estrella Medical Center and James A. Navarro, Case No. 28-CA-023438, in which the Board held that an employer’s...
View ArticleSixth Circuit Upholds Summary Judgment for Employers in Two Cases Brought by...
Two Sixth Circuit decisions issued last week underscore the hazards associated with terminating an employee between the time that she announces her pregnancy and any time shortly after she returns from...
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Mental Block: Ohio Supreme Court Affirms Denial of Workers’ Compensation...
In August 2009, Shaun Armstrong sustained minor physical injuries in a motor vehicle accident while in the scope of his employment. The other driver, who plowed into the back of Armstrong’s truck, was...
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Ohio Federal Court Permits Case Alleging Employer’s Accessing of Former...
When we think about the issues that employers have been struggling with relating to employee use of personal mobile devices for work, thoughts of data security, trade secret protection, record...
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Sixth Circuit’s Enforcement of NLRB Ruling On Bargaining “Micro-Units” Opens...
Last month, the Sixth Circuit in Kindred Nursing Centers East, LLC v. NLRB enforced the National Labor Relations Board’s 2011 Specialty Healthcare II decision in which the Board adopted a controversial...
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EEOC’S Campaign Against Criminal Background Checks Takes Recent Hits
As we have previously noted, the EEOC in April 2012 issued enforcement guidance addressing the use of arrest and criminal records in employment decisions under Title VII. Since then, the EEOC has filed...
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Sixth Circuit En Banc Decision Rejects RICO Claim for Alleged Workers’...
Every once in a while – okay maybe more frequently than that – I realize that I have missed a court decision on an issue I have been following. Most recently, I had been intrigued by the Sixth Circuit...
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Sixth Circuit Does Not Permit Amnesiac Plaintiff to Revive Memory Via...
I have to admit that I generally love it when a federal court judge begins an opinion with a flourish like this: “December 20, 2011, was defining day for Appellant Angela Powell-Pickett.” Almost made...
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NLRB General Counsel Announces Priority Matters to Be Submitted for Advice
On February 25, 2014, NLRB General Counsel, Richard F. Griffin, Jr., issued the first General Counsel Memo of the year (GC 14-01) identifying cases that the NLRB’s Regional Directors must refer to the...
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Availability of Alzheimer’s Blood Test Underscores Employer Need to Maintain...
Recent media accounts (e.g. this report — Blood Test Predicts Alzheimer’s Disease – by CNN ) suggest that medical researchers have discovered a blood test that will help identify whether people are...
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Sixth Circuit Summarily Rejects EEOC Expert in Title VII Challenge to Credit...
In a harsh rebuke of the EEOC’s method of attempting to prove that Kaplan Higher Education Corp.’s consideration of credit history for hiring in select positions was discriminatory, the Sixth Circuit,...
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Employers Can Learn from Recent Cases Involving the Federal Trade Commission
Two recent decisions – one from the federal district court in New Jersey and one from a federal Administrative Law Judge – potentially will have significant impact on the Federal Trade Commission’s...
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EEOC Issues Updated Enforcement Guidance On Pregnancy Discrimination and...
Over the dissents of Commissioners Lipnic and Barker, the U.S. Equal Employment Opportunity Commission (EEOC) on Monday, July 14, 2014, issued Enforcement Guidance on Pregnancy Discrimination and...
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NLRB Reinstates Food Industry Employees Following Work-related Complaints
Employees today are certainly more media and marketing savvy than they were even 10 years ago, and they have more tools through which they can reach the public and each other to let their voices be...
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The Latest Surge in Data Breaches Highlight Key Takeaways for Employers
The recent data breaches at Target, Home Depot, and Jimmy John’s have kept data privacy and security in the news lately. But from a legal perspective, there has never been much that the victims of...
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Ohio Appellate Court Upholds Employee Termination for Facebook Threats
A recent Ohio appellate court decision highlights how an employer’s response to employee threats of violence made on social media sites can impact a court’s decision when the employee challenges their...
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Texas Federal Court Decision Illustrates Need for BYOD Policies
Saman Rajaee was a salesman for Design Tech Homes. He used his personal iPhone to connect to his employer’s Microsoft Exchange Server, which allowed him to access his work-related email, contacts and...
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Texas Federal Court Decision Illustrates Need for BYOD Policies
Saman Rajaee was a salesman for Design Tech Homes. He used his personal iPhone to connect to his employer’s Microsoft Exchange Server, which allowed him to access his work-related email, contacts and...
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Sony Data Hack: “You Can’t Lose What You Ain’t Never Had”
Back in the 1960’s, legendary bluesman Muddy Waters wrote a song called “You Can’t Lose What You Ain’t Never Had.” Now, it is Sony Pictures that is singing the blues, as damages continue to mount...
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NLRB Begins Its “purple” Reign: Board Holds Employers Must Permit Employee...
In a decision issued yesterday, the National Labor Relations Board opened the door for employees to use company email to send messages encouraging co-workers to unionize. In Purple Communications,...
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