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Legal Issues

HR News & Trends, Legal Issues

Court Rules That Supervisors May Be Liable For FMLA Violations

FMLA 3

By Eric B. Meyer

In this case of first impression in the Third U.S. Circuit Court of Appeals in Philadelphia, which covers Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, the court ruled that a supervisor in a public agency may be subject to personal liability under the Family and Medical Leave Act.

The court further emphasized that there is “no reason to distinguish between public agencies and private employers under the FMLA insofar as individual liability is concerned.”

The court also emphasized that Congress intended to include individuals with the scope of the FMLA definition of “employer”: Read more…

HR News & Trends, Legal Issues

EEOC: Retaliation Discrimination Charges Continued to Rise in 2011

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Complaints of retaliation by employers trumped race for the second consecutive year, according to the U.S. Equal Employment Opportunity Commission.

The EEOC said total new claims during fiscal 2011 were just slightly ahead of 2010. Last year it received 99,947 claims compared to 99,922 the year before. It also reported taking in $455.6 million through its administrative program and litigation.

Released last week, the stats show claims of retaliation by employers against workers who raised discrimination issues accounted for 37.4 percent of the commission’s workload. Complaints alleging just violations of Title VII (discrimination on the basis of sex, race, color, religion, and national origin) accounted for 31.4 percent of the complaints. Read more…

HR News & Trends, Legal Issues

Another Case to Watch in Debate Over the Computer Fraud & Abuse Act

Computer Security

By Brent A Cossrow

The past year has produced noteworthy decisions from the Sixth, Ninth and Eleventh U.S. Circuit Courts of Appeals – and recent Congressional hearings – regarding the applicability of the Computer Fraud & Abuse Act (CFAA) to employers’ claims that disloyal employees accessed their employers’ computers in order to take trade secrets, source code, and other valuable electronically stored information.

The CFAA provides a federal, private right of action against any person who “knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value… .”

The recent decisions and Congressional hearings are fueling one of the hotter debates within the judicial and legislative branches of the federal government: the extent to which Congress meant to “federalize” certain computer-related disputes between employers and their employees. Read more…

HR News & Trends, Legal Issues

3 Ways For HR to Avoid Unlawful, Overbroad Social Media Policies

Social media policy

By Eric B. Meyer

The National Labor Relations Board announced yesterday that it had issued a second social-media report to help provide further guidance to practitioners and human resource professionals.

What does that report say? And how can you bulletproof your social media policy?

The social media memo, a copy of which you can obtain here, covers 14 cases, half of which involve questions about employer social-media policies. Those seven cases that address the scope of social-media policies underscore that they should not be so broad as to chill employee’s rights to engage in protected concerted activity such as the discussion of wages or working conditions. Read more…

HR News & Trends, Legal Issues

Courts Say it Again: You Can’t Dig Through An Employee’s Facebook Account

Facebook Logo

By Eric B. Meyer

You can’t “rummage at will” through employee Facebook accounts

Well, at least that’s what a federal court recently told a defendant-employer in this ruling.

In Tompkins v. Detroit Metropolitan Airport, the plaintiff suffered a slip-and-fall and later claimed back and other injuries. She sued her employer, who subsequently demanded that Tompkins provide full access to her Facebook account. Read more…

Legal Issues

Top 11 Immigration Mistakes Employers Made in 2011

Immigration

By Shannon Stevenson

Give your company the gift of an immigration audit this year – it may just keep your company off the government’s naughty list.

Here are the top 11 immigration mistakes employers made in 2011:

  1. The $5.9 million error: Failing to properly pay H-1B workers. In March, the U.S. Department of Labor Wage and Hour Division assessed over $1.7 million in civil money penalties and ordered the payment of over $4.2 million in back wages against Maryland’s Prince George’s County Public Schools for illegally reducing the wages of 1,044 foreign H-1B teachers when it required the teachers to pay H-1B filing fees. Read more…
HR News & Trends, Legal Issues

Notice Deadline Looming Under New York Wage Theft Protection Act

New York Wage Theft Prevention

By Christopher H. Mills

Employers with operations and employees in New York State should by now be aware that the first notice to all employees regarding their pay status, required by the New York Wage Theft Prevention Act (WTPA), must be given by January 31, 2012, and annually from now on.

If you have not given these notices by now, you should have plans to do so before the end of the month. We described the requirements imposed by the WTPA in a Legal Alert in April 2011.

While giving the required notices concerning wage and salary information is an absolute requirement, employers should also realize that doing so may well raise additional issues that have not been discussed as widely as the specific legal requirement that employers provide the notices. Read more…

HR Basics, Legal Issues

2011 OSHA Recordkeeping Annual Summary Must Be Posted By Feb. 1

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By Edwin G. Foulke Jr.

All employers maintaining the Occupational Safety and Health Administration‘s 300 Logs for workplace injuries and illnesses pursuant to OSHA’s recordkeeping standard must post their 2011 annual summary by February 1, 2012.

Employers must utilize the annual summary form (form 300A) when complying with the posting requirements. The form is available for downloading from the OSHA website.

Here are some details about the form that are frequently misunderstood or overlooked and which can cause trouble. Read more…

HR News & Trends, Legal Issues

What Happens When a Whistleblower Gets Fired For Whistleblowing?

whistleblower

By Eric B. Meyer

Is it whistleblowing when your job is to report violations of the law?

That is the question that a former Starbucks employee is asking the New Jersey Supreme Court to answer. It also raises questions about what it means for actions asserted under New Jersey’s Conscientious Employee Protection Act (CEPA).

CEPA is remedial legislation, designed to encourage employees to report illegal or unethical workplace activities and to discourage public and private sector employers from engaging in such conduct. But what happens when that is your job — to report illegal or unethical workplace activities? Read more…

HR News & Trends, Legal Issues

Are Employers Facing Tougher Regulatory Times This Year?

123RF Stock Photo

Are you concerned about the ever-increasing workplace regulatory efforts coming out of Washington? Well, don’t expect that to end anytime soon — not in 2012 anyway.

Readers of TLNT know that there has been a steady drumbeat of rulings, regulations, and stepped up enforcement coming from the U.S. Department of Labor, the National Labor Relations Board, EEOC, OSHA, and other federal boards and agencies.

And according to Jim Holland, a partner in the Kansas City office of the law firm Fisher & Phillips, there is much more to come. He wrote about it this week in the Kansas City Star, and anyone who manages talent and/or runs a business needs to read what he has to say because he believes there are many more regulatory hurdles coming out of Washington that employers will have to deal with. Read more…