Employment & The Law - Winter 2011
An Employer’s First Line of Defense: The Importance of Good Documentation
Most of the discussion regarding employer documentation over the last several years has focused on document retention policies. This article will explore another facet of employer documentation: what employers should be documenting and how they should do it. [Read more →]
Leave Me Alone: Avoiding ADA Retaliation Claims Based on Reasonable Accommodation Requests
As a prudent employer, you know that an employee who complains of discrimination cannot be retaliated against. But, did you know that retaliation claims can arise absent complaints about discrimination or harassment? [Read more →]
Costly Commutes: An Overview of When Employers Must Pay for Employee Travel Time
As technology changes, so too does the average workday. More employees are working from home or doing work on the road before and after the normal workday takes place. As the typical workday changes, employers must come to understand how these changes affect whether employees must be compensated for their travel time. [Read more →]
Is Information on Facebook Subject to Discovery Requests? It Depends on Whom You Ask
With over 500 million active users, the popularity of Facebook and other online social networks has created a wealth of potentially discoverable information for employers. It is not unusual for employees to update their Facebook status once a day or more, use Facebook to communicate with coworkers, and post pictures to Facebook taken with friends from work. Over time, this type of daily use may result in a significant amount of discoverable information. [Read more →]
Legislative Update: Employment Law on the Back Burner? Uncertainty after Midterm Elections
There has been much activity in Congress since our last update, but the vast majority of that activity has not directly impacted employment law. Of course, the big news is the outcome of the November mid-term elections, after which Republicans gained control of the House, and Democrats held their majority in the Senate, but barely.
There is some doubt as to whether significant legislative progress can be made during the current post-election lame duck session, and it is unlikely that legislation affecting employers will be front and center, with Congressional members focusing their attention on extensions of the Bush tax cuts and unemployment benefits. This continues the theme of 2010, where most employment-related initiatives have played second fiddle to healthcare, economic reform, and unemployment benefits. [Read more →]