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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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A Teacher’s Unusual Phobia Leads to Lawsuit

Friday, 01 February 2013 16:07


The broad nature of the Americans with Disabilities Amendment Act continues to test the courts.  The question of exactly what constitutes a disability under the ADAAA becomes more and more extreme as cases come before the courts.  Here’s a case to keep an eye on: can a “phobia” about being around children be a disability—for a school teacher?  Roger Scruggs writes about a case that will bear watching over the coming months.


Employee hits FMLA Jackpot

Thursday, 31 January 2013 08:52


The Family and Medical Leave Act allows employees leave to provide care for a parent.  It does not matter where the parent is; only that the child provides care for a parent with a serious health condition.  Mary Leigh Pirtle writes that what happens in Vegas doesn’t necessarily stay there.


Employer Precluded From Denying COBRA Coverage After Purchase Of Wrong Insurance Product

Thursday, 31 January 2013 08:45


For employers, “COBRA” is not a snake nor a helicopter, but a continuing obligation to make insurance coverage available to certain former employees.  In a recent case, an employer learned an expensive lesson when it denied COBRA coverage to a former manager.  Read more about the case in this article by Patricia Kryder.


NLRB Recess Appointments Ruled Unconstitutional

Tuesday, 29 January 2013 10:02


The National Labor Relations Board’s (NLRB) ambitious plans to rewrite labor law may have suffered a fatal blow from an unexpected direction. To date, two of the three NLRB members had not been confirmed by the Senate. Instead, they had been “recess appointments” made by President Obama when the Senate was not in session. These recess appointees have imposed new restrictions on employers, often outside of the union context, and into everyday employment decisions..

Read the article by Howard Kastrinsky.


Statements on Facebook are protected, concerted activity under NLRA

Thursday, 24 January 2013 14:20


The NLRB has made a huge fuss over an employee’s ability to express their concerns over the internet in the last year.  Because the traditional “water cooler talk” has a new forum consisting of Facebook postings and re-Tweets, the NLRB has issued numerous General Counsel opinions and Advice Memorandums on the subject, but only one other Board decision on Section 7 rights via social media (click here).  Recently, though the Board issued its second opinion in Hispanics United of Buffalo - not surprisingly - upholding the ALJ’s decision that, yes, an employee’s concerted, protected speech does apply to Facebook posts as well.

Read the article by Patrick Ogilvy.


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