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Why the NLRB Is Its Own Worst Enemy 22 Aug 2013 | 09:08 am
The NLRB’s social-media war has been front and center for employers since 2010. Decisions by administrative law judges and by the Board itself, as well as advisory memoranda from the Acting General C...
2d Cir. Drops the FLSA Hammer 13 Aug 2013 | 05:41 am
The FLSA continues to reign havoc for countless employers. I’ve written numerous times about the difficulties in defending against a claim brought under the FLSA or its state counterparts. Even merit...
Kansas Court Mitigates the Risks of a BYOD Workforce 12 Aug 2013 | 08:21 pm
BYOD at work is all the rage. What is BYOD, exactly? Well, it stands for “Bring Your Own Device” and, put simply, it means that an employee uses his own smartphone, tablet, or laptop for work as well ...
Bra-Less Investigative Reporter Fired for Blog Post 6 Aug 2013 | 09:20 pm
Yes, America, there is such a thing as too much information. But, at least when it comes to social media, we’ve not yet figured that out. Exhibit A: Alabama TV reporter, Shea Allen. Ms. Allen wrote...
Another Auto-Deduction Case Bites the Dust 5 Aug 2013 | 08:48 pm
Auto-deduction cases involve a potential class of employees who allege that they were not paid for time worked because their employer automatically deducted time for meal breaks. The employees claim ...
Employees and the Burdens of Being Beautiful 2 Aug 2013 | 08:50 pm
Being beautiful ain’t all it’s cracked up to be. Or so it seems from the legal-news headlines. First, there are the “Borgata Babes.” The female cocktail servers at Borgata Hotel and Casino in Atlan...
UD Employees Confidential Info Hacked 31 Jul 2013 | 07:00 pm
The University of Delaware announced that confidential employee data was compromised, reports the News Journal. And the breach is a sizeable one—the University estimates that the names, addresses, and...
An Employment-Law Perspective on the Anthony Weiner Story 29 Jul 2013 | 08:17 pm
Anthony Weiner is in the headlines again. Last week, he told reporters that, since he left Congress in 2011, he’s sent salacious messages to numerous women, according to the NY Daily News. This latest...
Judicial Notice of LMAO 25 Jul 2013 | 05:54 am
In preparing for an upcoming social-media seminar, I was reviewing my always-expanding research file of cases that address social media in employment law. It’s a challenge to keep up with all of the ...
Is There a Reasonable Expectation of Privacy In Your Tweets? 23 Jul 2013 | 08:43 pm
Privacy law is a hot topic these days. In both the public and private sectors, employees’ privacy rights are governed by whether or not the employee had a reasonable expectation of privacy. In the p...
