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"Whistleblowing" to Media Not Protected by Sarbanes-Oxley
May 9, 2011 | Blog | By David Barmak
In a decision that likely surprised no one but the plaintiffs, on May 3, 2011, the United States Circuit Court of Appeals for the Ninth Circuit held that Boeing was within its right to fire two employees who complained to the media about practices they viewed as potential violations of the Sarbanes-Oxley Act (“SOX”).
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New York Anti-Bullying Law Back in the Mix for 2011
February 16, 2011 | Blog | By David Barmak
Last year, New York nearly became the first state to pass a law protecting employees against workplace bullying. The New York State Senate passed the bill in May 2010 by a wide margin, but the following month, the New York Assembly Labor Committee voted to “hold” it in committee, effectively killing its chances at passage in 2010.
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EEOC Sues Claiming Severely Obese Employee was Disabled under the ADA
October 18, 2010 | Blog | By David Barmak
On September 30, 2010, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a non-profit social services agency, claiming that the agency had discriminated against an employee on the basis of her disability—severe obesity.
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EEOC Suit Against US Steel Serves Highlights Union's Complicity in Allegedly Unlawful Testing of Employees
October 11, 2010 | Blog | By David Barmak
As recently reported in Employment Law 360 (subscription required), the EEOC sued US Steel alleging that certain of its alcohol testing practices violate the Americans with Disabilities Act.
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DOL Expands FMLA Reach to Cover LGBT and Non-nuclear Families
June 24, 2010 | Blog | By David Barmak
In an Administrator’s Interpretation issued on June 22, 2010, The U.S. Department of Labor (DOL) has "clarified" the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it applies to an employee standing in loco parentis to a child. The result is to significantly expand the universe of caregivers entitled to FMLA leave.
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Supreme Court decides City of Ontario v Quon
June 18, 2010 | Blog | By David Barmak
See this interesting write-up of the Supreme Court's decision in the text message privacy case, City of Ontario v Quon.
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Answers to Employers' Frequently Asked Questions re Health Care Reform's Impact on Employee Benefits.
April 19, 2010 | Blog | By David Barmak
See this recent Mintz Levin advisory answering some "FAQs" on health care reform's impact on employee benefits.
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Health Care Reform Amendments to FLSA Require Break Time and Private Place for Nursing Mothers to Express Milk
April 15, 2010 | Blog | By David Barmak
Health care reform impacts employers in many significant ways. While the effects of reform on insurance coverage and other requirements have been widely publicized, much less well-understood are various amendments to the Fair Labor Standards Act (FLSA).
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2d Circuit Ruling Gives Employers Additional Incentive to Ensure Their Complaint Channels Remain Open and Are Effective in Fact
March 14, 2010 | Blog | By David Barmak
The Second Circuit Court of Appeals recently reversed an order of summary judgment for JetBlue Airways Corp. on a former employee’s sexual harassment claim in Gorzynski v. JetBlue Airways Corp.
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"High Road Contracting Policy" Could Change How Government Contractors Compensate Their Employees
February 11, 2010 | Blog | By David Barmak
According to an article posted on the DC Crawler website, the “Obama administration is considering a proposal that would heavily favor government contractors that implement policies designed by organized labor.”
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Supreme Court to Hear Case re Employer's Access to Employee's Text Messages
December 16, 2009 | Blog | By David Barmak
On Monday, December 14, 2009, the United States Supreme Court announced that it will hear arguments in USA Mobility Wireless Inc. v. Quon, a case that may have a significant impact on employers’ rights to monitor employees’ electronic communications. The important facts of Quon may be summarized as follows:
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The Other Duty to Accommodate: Employees' Religious Beliefs, Observances & Practices
November 24, 2009 | Blog | By David Barmak
Most employers are familiar with federal and state laws requiring them to reasonably accommodate an applicant or employee with a disability, unless the accommodation would result in an undue hardship.
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Sometimes, less really is more ... and more is just too darn much!
October 15, 2009 | Blog | By David Barmak
Workplace Prof blog posted an interesting commentary on a recent California case, Nazir v. United Airlines, Inc., No. A121651 (Cal. App. Ct. October 8, 2009), in which the appellate court overturned the trial court’s decision granting summary judgment to the employer in a routine employment discrimination case.
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ADEA Plaintiffs Must Show that Age was a Determinative "But For" Reason for Adverse Employment Action, But For How Long?
October 14, 2009 | Blog | By David Barmak
A recent decision by the U.S. Court of Appeals for the Third Circuit illustrates how the Supreme Court’s opinion in Gross v. FBL Financial Services, Inc. serves to prevent previously-viable claims under the Age Discrimination in Employment Act (the “ADEA”) from reaching trial.
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Massachusetts SJC, Applying NY Law, Requires CEO to Return $7 Million in Salary and Bonuses Paid to him while Harassing Female Employees
October 10, 2009 | Blog | By David Barmak
This alert talks about a recent decision by the Supreme Judicial Court of Massachusetts, which awarded Astra Zeneca about $7 million in salary and bonuses paid to its former CEO. The CEO had engaged in a long standing pattern of harassing female employees.
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Is Congress About to Reverse Another Supreme Court Decision?
October 1, 2009 | Blog | By David Barmak
Both before and after the November 2008 Presidential and Congressional elections, legal pundits issued dire warnings that an Obama Presidency and a filibuster-proof Democratic Congress would result in a flurry of new, employee-friendly legislation.
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Where is That Non-Compete Agreement that the Former Vice President Signed?
September 29, 2009 | Blog | By David Barmak
In a surprising number of cases, we’ve come across a situation where an employment agreement with original signatures, or some other important document, has gone missing. While a copy will sometimes suffice, a recent New York case highlights the importance of having an effective system for maintaining critical employment-related documents.
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Disagreeing with the 7th Circuit, the 9th Circuit Rules that an Employee Who Emailed Company Documents to a Personal Email Account Did Not Violate the Computer Fraud and Abuse Act
September 21, 2009 | Blog | By David Barmak
The Ninth Circuit’s opinion in LVRC Holdings LLC, v. Brekka et al. calls into question the utility of the Computer Fraud and Abuse Act (CFAA) for employers seeking to redress employee theft or misuse of company information.
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Second Circuit rules that an Employer may be liable under the ADEA for the actions of an Independent Contractor Hiring on the Employer's Behalf
September 15, 2009 | Blog | By David Barmak
The recent decision of the United States Court of Appeals for the Second Circuit in Halpert v. Manhattan Apartments, Inc. illustrates yet another risk for employers who engage independent contractors to work for them and provides a reminder that an employer may be liable for the discriminatory conduct of independent contractors.
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Employment Alert: H1N1 Flu Readiness: A Summary of Employment-Related Concerns
May 19, 2009 | Blog | By David Barmak
The H1N1 Flu or Swine Flu is a respiratory disease caused by type A influenza. While its symptoms are similar to symptoms of the seasonal flu (fever, cough, body aches, chills, fatigue, etc.), H1N1 flu is more problematic than seasonal flu because people have not developed natural antibodies to H1N1 and vaccines are not readily available.
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