Jottings By An Employer's Lawyer: Labor & Employment Law

Home -> Law Blog Directory -> Labor & Employment Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Labor & Employment Law

Jottings By An Employer's Lawyer

By an experienced Texas Labor and Employment Lawyer.
By Michael W. Fox, Esq.

Post Frequency: 3.1/day

Last Entry: February 03, 2020 at 15:08:00

Well I Would Hope So

Posted on March 17, 2010
This is the description of the 4th Circuit's decision lifted entirely from today's Daily Labor Report ($): A medical intern who misdiagnosed patients, prescribed wrong medications, and identified a living patient as deceased could not show he was a qualified individual with a disability under the ADA...

For Those Who Fly

Posted on March 16, 2010
The Workplace Diva has a telling comment about unintended consequences and airplane baggage fees. Yep, you know what it is. More on board luggage. Airlines' Per-Bag Fees Create New Baggage.The post makes the point that humans are much better at adapting to changes than management is in anticipating those adaptations...

Ohio MDV for Disability, Race, FMLA and Retaliation

Posted on March 16, 2010
Covering about as many bases as you can, Charlene Thirion, a former employee of Bedford Heights, Ohio sued the village over her termination saying it was because of her race, disability (anxiety and depression according to the news article), and retaliation when she protested against the disability and race discrimination...

"But He's an Illegal Immigrant" Argument Held Prejudicial by Texas Supreme Court

Posted on March 12, 2010
Given that President Obama turned his attention to immigration reform this week, see NYT story, it is somewhat ironic that the issue also surfaced in a more unlikely place, the Texas Supreme Court. The issue before the Court -- whether or not a jury should be informed (repeatedly) that the driver involved in a fatal collision was an illegal immigrant...

To access this complete feed in the blog feed reader login or register for free.

4/5 of an MDV, But It's the Subject Matter That Caught My Attention

Posted on March 11, 2010
Although my usual standard for jury verdict reports is a million dollars (MDV's), this headline caught my attention, Court awards bullied student $800,000.It has long been my view that the most likely path for a bullying cause of action recognized in the workplace (other than the continuous efforts of Professor David Yamada) is the widespread acceptance of anti-bullying legislation applicable to the schools...

Caught in Between -- Another MDV

Posted on March 11, 2010
When you see this kind of headline, I Spy With My Little Eye... Hotel Baker Gets $3 Million from Starwood you know that it is no doubt a complicated story. That it came at the end of a more than three week jury trial in federal court in NYC, confirms that...

Perception and Third Party Retaliation Claims Still Alive in DC District Court

Posted on March 03, 2010
Ramona Johnson, a Secret Service agent married to a Secret Service Agent, says she was denied a transfer to Miami, where her husband had been moved because he had filed a discrimination charge based on his race.Johnson alleged the denial of the transfer was retaliation either because of his protected activity (a third party retaliation claim) or because the Secret Service perceived that she had been involved in his charge (the perception claim)...

Changing the Statutory Employment Law in Missouri - Will it Happen?

Posted on March 03, 2010
An article in the St. Louis Business Journal reports on an effort by the Missouri business community to roll back recent state Supreme Court decisions which have caused a split between how state and federal discrimination laws are interpreted.A Missouri management side lawyer, Bob Stewart, has one of the better quotes I have seen recently, noting that the "problem is that Missouri employment law has become out of whack with federal law...

The Administrative Option - Deja Vu All Over Again and The MSM Catches Up

Posted on February 26, 2010
Steve Greenhouse, who has the labor beat (assuming that is still a proper term) for the NYT has an article today about the Obama's administration plans to utilize government contracting to increase wages and benefits for employees, Obama Aims to Use Federal Contracts as a Way to Lift Wages...

Foreign Labor Unrest and the Future Here at Home

Posted on February 23, 2010
The M.P. Catherwood Library of the Cornell School of Industrial & Labor Relations has a service, Workplace Issues Today, that I receive daily. It's a good way to keep up with developments.I was struck by the three entry's in today's email:FRENCH OIL WORKERS PROTEST SHUTDOWN, a dispute with Total SA;SPANISH WORKERS PROTEST RAISING RETIREMENT AGE, a protest against a proposed raise in the retirement age and a proposal to reform labor laws; andUNITE WORKERS VOTE TO STRIKE, reporting that over 80% of the members of the union which represents cabin crews at British Airways have voted to strike, although negotiations continue...

What Does the Free Market Have to do With Compliance With Company Policies?

Posted on February 18, 2010
Kris Dunn, otherwise know as the hr capitalist, has a great blog of the same name.You need to read this post, with its examples in its entirety: Employees Leaving Their Laptops Unsecure? Try These Public Humiliation Templates From Their PC...Check it (and Kris's excellent blog) out.

Executive Order 11246, OFCCP and The Reach of Time

Posted on February 12, 2010
The next time you open a letter from your friendly Office of Federal Contract Compliance Programs investigator advising you that you will be subject to a friendly review of your compliance practices, you might just contemplate the following:November 24, 1993October 19, 1994August 25, 2000March 31, 2003August 11, 2004October 15-16, 2008March 3-5, 2009January 21, 2010What are those dates? Well the first was the initial letter to what was then called NationsBank, now Bank of America, advising them that their Charlotte facility had been selected for compliance review by the OFCCP...

No Becker Recess Appointment, At Least Not This Recess

Posted on February 12, 2010
Or at least that would seem to be the most likely course of action based on a statement released by President Obama after the Senate confirmed 27 appointments by voice vote before leaving for the week long's President's Day Holiday. Senate Confirms 27 Obama Nominees ...

A New Term for Concern: The High Road Contracting Policy

Posted on February 09, 2010
Before taking too much joy in the initial defeat of Craig Becker's nomination to the NLRB, the business community, particularly government contractors, should be aware of a different approach that is beginning to be considered. That approach would use the power of the purse, government contracting, to achieve labor friendly policies...

52- 33; Becker Loses

Posted on February 09, 2010
Reflecting the new political reality, the controversial nomination of Craig Becker for the NLRB failed this afternoon. Because of the procedural rules of the Senate, 60 votes were required to cut off debate and so the majority vote that would be sufficient for his confirmation was not enough...

Becker Cloture Vote on Monday, Recess Appointment in the Wings?

Posted on February 05, 2010
It's not quite the Super Bowl of labor relations policy, but it is a surprising that Majority Leader Harry Reid has called for a cloture vote on Craig Becker's nomination to the NLRB on Monday. If the Republicans hold rank, and there has not been any indication that any Republican Senator is inclined to do so, cloture will not be invoked...

Patricia Smith One Step Closer to Confirmation as Solicitor of Labor

Posted on February 03, 2010
Actually given the coming changing of the guard when Scott Brown is sworn in as the newest senator and the Republicans gain 41 votes in the Senate, yesterday's cloture vote on Smith was actually more like "a giant leap" as the votes for her confirmation later this week are assured...

Anti-bullying Legislation for Schools, An Inevitable Tie

Posted on February 01, 2010
David Yamada, who blogs at Minding the Workplace, is a tireless crusader for anti-bullying legislation. He is the author of the model Healthy Workplace Bill and lately has been working in his home state to see if he can shepherd it through the Massachusetts' legislature...

Medical Marijuana and Workers Comp: Odd Bedfellows at Best

Posted on February 01, 2010
Just yesterday I was having a discussion with someone about the increasing liberalization of attitudes toward marijuana use and a lot of the impetus, although certainly not all, seems tied to medical use. Over at Lynch Ryan's blog, Workers' Comp Insider, they have noticed too, and are quick to point out that it is going to make for some interesting workplace issues, One Toke Over the Line...

A Sampler of Social Media Policies

Posted on February 01, 2010
That is an understatement. Doug Cornelius, Chief Compliance Officer at Beacon Capital Partners, has collected 144 of them, and it appears he adds new ones as he finds them. If you need a sample, check this out: Social Media Policies Database. Hat tip to Tom Mighell, whose Internet Legal Research Weekly, is another great resource and a must week-end read for me...

The Aftermath of a Supreme Court Decision: Another MDV

Posted on January 25, 2010
Cases that make it to the Supreme Court are important for the precedent they set and for most of us that's what we got in last January's decision in Crawford v. Metropolitan Government of Nashville. In fact, I said at the time, "certainly not the hardest case for the Supreme Court to decide, nor was the decision unexpected...

Becker Nomination Back in Senate's Hands

Posted on January 22, 2010
As had been widely reported would happen, the President has re-nominated Craig Becker to be a member of the National Labor Relations Board. Presidential Nominations Sent to the Senate | The White House In light of Tuesday's election results it will be interesting to see what happens...

That Bum Facebook Friend of Yours? Could Cost You a Loan ...

Posted on January 22, 2010
At least that's the headline, Creditworthy? Lenders delve into your social networks. The actual story is more about the possibility than the actuality of it happening. However, knowing that there is a business devoted to perusing social media to prepare "social graphs of your likes, dislikes, strengths and weaknesses" does give one pause...

It's Not Only the Formula to Coke ...

Posted on January 21, 2010
For years any speech I have heard on trade secrets inevitably talks about the formula for coke. For those wanting to show a little variety, try Thomas English Muffins. According to a lawsuit that has been filed in district court in Pennsylvania, Chris Botticella is one of the fewer than 10 people in the world "with full knowledge of how to produce them...

It Is New Jersey, But Business to Business Sex Harassment?

Posted on January 15, 2010
Although my NJ friends who do the same thing I do have been claiming for some time that the Garden State has surpassed California as the most employer hostile environment, I was still surprised to see this headline, Business-to-Business Sex Harassment? N...

Less Than 15 Employees? There's Always Immigration Discrimination

Posted on January 15, 2010
Hat tip to Professor Rick Bales at Workplace Prof Blog for picking up the DOJ's announcement of a new video for employers about their responsibilities and the rights of employees under the anti-discrimination provision of the Immigration and Nationality Act, DOJ Releases Video About Immigration-Related Workplace Discrimination...

A Workplace Spin on the Leno - Conan O'Brien Imbroglio

Posted on January 15, 2010
One day it's Indian treaties, the next it's late night television, but it seems as if there is a workplace angle to just about anything these days. For example, the differences between various generational strata of today's workforce has received a fair amount of attention in the last couple of years...

Employment Law Comes From Many Places

Posted on January 11, 2010
One of the more unusual sources for an employment law case has to be the Fort Laramie Treaty of April 29, 1868 which requires the U.S. Government to reimburse Sioux tribe members who are injured by "bad men among the whites, or among other people subject to the authority of the United States...

Board Member Becker? 2nd Time Around

Posted on January 08, 2010
According to the New York Times, President Obama is going to renominate a number of individuals that the Senate returned to the White House at the end of the first session of this Congress. Included in that group is Craig Becker to the NLRB. President Is Said to Decide to Renominate Six Choices...

Closing a Business in the Granite State? New State WARN Act

Posted on January 04, 2010
Hopefully this decade will be more about expansions than closings. But it is always important to remember that if you are forced to close a plant, it's important to make sure that in addition to the federal WARN Act you have complied with any state requirements...

Previous | Next

Related Law Bulletins

Personal Injury: 5 Reasons Why Your NY Injury Lawyer Will Lose His License
1. He steals your money.2. He steals your money.3. He steals your ...

Immigration Lawyer And Assistant Found Guilty Of Visa Fraud
The United States Attorney's Office for the Southern District of T...

Injustice - Righting a Wrong - NY Medical Malpractice Lawyer Explains
Have you ever felt that you were wronged? Maybe you noticed it whe...

Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him
THIS IS A TRUE STORYA call came in the other day. A hysterical wom...

2 Questions Every New York Malpractice Lawyer Needs To Ask
A potential client calls the office with a story that rambles on a...