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Miscellaneous Legal Issues

Legal Briefing: Collective-Action Claims Defeated by Employer Offer

May 10, 2013
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Laura Symczyk filed a lawsuit against her employer, Genesis HealthCare Corp., alleging that Genesis violated the Fair Labor Standards Act by automatically deducting pay for a 30-minute lunch break even if the employee worked during that time.
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Debunking Myths of a Pro-Business Supreme Court

May 9, 2013
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There are still two key employment cases pending this term. These two rulings will help determine this Supreme Court's developing legacy as either pro-individual or pro-business in deciding employment cases.
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‘Gaining My Religion’: U.S. Courts Could Give Lifestyle Choices Saintly Status

May 2, 2013
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If federal courts did expand their definition of protected religious practice in the workplace, this would lead to a quandary for many employers. After all, state and federal laws on the subject can be substantially different.
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The Legal and Ethical Issues of the Class Action “Pick Off”

April 30, 2013
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There are significant strategic decisions that companies and their attorneys must make when defending class action lawsuits. Pre-certification communications with potential class members carry a big upside, albeit with the potential of significant risk.
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Do Employees Have Any Privacy Rights in Personal Emails Sent From Corporate Accounts?

March 14, 2013
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According to a recent court case, employees enjoy no expectation of privacy when sending personal emails from corporate accounts, provided that you have the right language in your email policy.
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Are Employers Really Asking for Social Media Logins and Passwords?

March 11, 2013
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You would think that if the practice of employers requiring applicants and employees to disclose login and password information has reached epidemic proportions, I would have heard of or encountered at least one employer engaging in this practice. I haven't.
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Legal Briefing: Discrimination as a Substantial Motivating Factor

March 8, 2013
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Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor's note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, alleging pregnancy discrimination in violation of California's Fair Employment and Housing Act.
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Fight or Flight? When an Employee Sues You, Should You Litigate or Settle?

March 7, 2013
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The reality is that there is no easy answer to the question of how your company should respond to a lawsuit by an employee.
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Legal Briefing: Religious Objections to Health Care

February 28, 2013
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The Patient Protection and Affordable Care Act has been challenged in several recent cases. Its provisions require that employers provide contraceptive coverage. Several business owners and organizations have gone to the courts since they objected to providing health care to their employees that opposed the companies' religious beliefs.
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