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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Tennessee “Gun-in-Trunks” To Take Effect July 1, 2013

Monday, 18 March 2013 15:50


Tennessee will join the ranks of states allowing “guns-in-trunks” when new legislation takes effect on July 1, 2013.  The “guns-in-trunks” legislation will allow Tennessee handgun permit owners to transport and store a firearm or firearm ammunition in their privately-owned motor vehicle while lawfully parked on public or private property.  The firearms and ammunition must be locked in the vehicle when the permit holder is not in the vehicle.


Forwarding Complaint Email may be Protected Activity Under Title VII

Wednesday, 13 March 2013 10:00


When does an employee engage in protected activity under Title VII?  It does not require filing a charge with the Equal Employment Opportunity Commission or giving a statement to the EEOC.  In one case, the seemingly simple act of forwarding an email gave rise to a claim of retaliation.  While the facts of the case, as detailed by Patrick Ogilvy, get quite complicated, the message is clear: Title VII protected activity is easy to find.


All Good Faith and Reasonable Reporting of Fraud is Protected Activity under SOX

Tuesday, 12 March 2013 08:27


SOX – the federal whistleblower statute – was enacted in response to corporate accounting cover-ups in the early 2000s.  Thanks to money-hungry scandals such as Enron, Tyco, and WorldCom which shook investor confidences in financial statements, corporations the government required an overhaul of regulatory standards.  SOX was then enacted to protect investors from the possibility of fraudulent accounting activities by corporations, and it mandated strict reforms to improve financial disclosures from corporations and prevent accounting fraud.

Patricia Porter Kryder writes about one how one court put SOX to good use.


Employee Not Terminated is Not Eligible for Reinstatement

Monday, 11 March 2013 10:15


Many employers wish they could tell a troublesome employee to “kiss my foot, pack up your junk, leave and never come back.”  Lawsuits, government regulations and the Mom & Pop store that’s no longer in business,  however, have – hopefully – made employers much more rational and orderly about terminating aggravating employees.  (If you register with the former, call us sooner rather than later, but I digress).  

In a fresh approach at terminating employee relationships, Max Nuyen writes about one employer who just eventually ignored the worrisome employee and POOF!, she went away.


Citations Vacated in Child Labor Records Dispute

Tuesday, 05 March 2013 09:41


Child labor laws can be a thorn in an employer’s side for not complying with very nitpicky details.  There are several child labor laws that seems reasonable such as preventing children from working more than three (3) hours a day or later than 7:00 pm while school is in session.

Sean McLean writes about one employer’s woes, who failed to comply with an unseeingly child labor law.


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