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Articles on labor employment
Articles on labor employment
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 | Attorney-Client Privilege Trumps Company's Email Policy
Hinshaw & Culbertson LLP; November 6, 2009, previously published on November 5, 2009 Despite company policy to the contrary, a former employee's personal emails to her attorney were protected by the attorney-client privilege. |
 | FMLA Qualifying Exigency Leave and Military Caregiver Leave Expanded By New Law
November 6, 2009, previously published on October 29, 2009 On October 28, 2009, President Obama signed into law the National Defense Authorization Act of 2010. The Act amends the FMLA by expanding on provisions added to that law in 2008 dealing with qualifying exigency leave and military caregiver leave. |
| Decision to Terminate Benefits Upheld because of Principled Decision-Making Process
November 6, 2009, previously published on October 2009 Charles McDonald ("McDonald"), former Constellation Energy Group employee, claimed that he was unable to perform his duties as supervisor of distributions operations, due to tremors in his left arm, which were later determined to be related to McDonald's emotional state. Specifically,... |
| ICE Strategy Memo Confirms Targeting Employers and Managers for Criminal Liability
Todd P. Photopulos; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 6, 2009, previously published on November 2009 For some time now, we have been reporting on the increase of worksite immigration enforcement activities by Immigration and Customs Enforcement (ICE). While our research had shown a dramatic switch from "cost of doing business" fines for paperwork violations to criminal prosecution of... |
| Collection of Fingerprints to Record Attendance Breaches Personal Privacy
November 6, 2009, previously published on November 4, 2009 A recent investigation report published by the Privacy Commissioner for Personal Data (the "Commissioner") found that collecting an employee's fingerprint to record the employee's attendance at work breached the Personal Data (Privacy) Ordinance ("PDPO"). |
| Former Longshoreman Successfully Appeals to Fourth Circuit
November 6, 2009, previously published on October 2009 The United States Court of Appeals for the Fourth Circuit reversed a decision of the Benefits Review Board of the United States Department of Labor ("Board") when it did not assess petitioner's hearing loss compensation based on the American Medical Association Guides to Evaluation of... |
| President Signs Expansion of Military Leave Provisions of the FMLA
Ann Bowden-Hollis; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 6, 2009, previously published on November 2009 Effective October 28, 2009, the Family and Medical Leave Act (the FMLA) was amended by section 565 of the National Defense Authorization Act for FY 2010 (H.R. 2647). In a little-noticed revision to the FMLA, several important changes were made to the military leave provisions of the Act. |
| Student with ADHD Not Protected By ADA When Learning Does Not Substantially Impair
November 6, 2009, previously published on October 2009 The U.S. District Court for the District of Maryland granted Defendant Loyola College's Motion for Summary Judgment finding the college did not violate the Americans with Disabilities Act of 1990 ("ADA") when a student ("Plaintiff") could not show that his diagnosed Attention... |
| Use of Independent Contractors May Create Unexpected Liability
Heath Edwards; Ford & Harrison LLP; November 5, 2009, previously published on October 2009 With a struggling economy, many businesses may be tempted to classify their workers as independent contractors rather than employees because of the benefits this classification provides to employers. For example, many federal antidiscrimination laws do not apply to independent contractors, since... |
| Plaintiff's Firm Sanctioned for "Telemarketing" Potential Plaintiffs in FLSA Claims
Todd P. Photopulos; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 Late night and daytime television ads by plaintiff's lawyers were previously reserved for the latest disease-causing toxin, car wrecks, and the like. More and more frequently, however, these ads are giving way to plaintiffs' lawyers seeking disgruntled employees who wish to bring lawsuits against... |
