WORKPLACE HARASSMENT AND THE FIRST AMENDMENT

by D. Gregory Valenza | The Daily Journal | Jul 14, 2010

A client asks what to do about an employee who is sending out global emails to the entire workforce, which contain rants against workplace diversity, cultures other than European, etc. The employee maintains he has a right under the First Amendment to issue such...

OPENING THE DOOR TO NEW “FAMILY”

by Jennifer Brown Shaw and Geoffrey M. Hash | The Daily Recorder | Jul 13, 2010

The federal Family and Medical Leave Act (FMLA) causes confusion and consternation for many employers. This is understandable, considering the recent changes to the FMLA regulations and the current administration’s efforts to expand FMLA coverage. The fact is,...

SOCIAL NETWORKING: A TRAP FOR THE UNWARY

by Jennifer Brown Shaw and Alexander M. Sperry | The Daily Recorder | Jun 30, 2010

We live in a world dominated by the Internet, and increasingly, social networking sites like Facebook, MySpace, LinkedIn and Twitter. According to its most recently published statistics, Facebook now has over 400 million active users, half of whom sign on daily to...

EMPLOYMENT TESTING AND UNINTENTIONAL DISCRIMINATION CLAIMS

by Jennifer Brown Shaw and Matthew J. Norfleet | The Daily Recorder | Jun 15, 2010

For the second time in a year, the United States Supreme Court has ruled on whether civil service tests given to firefighters are discriminatory. Although the two opinions arise in the contexts of big city fire departments, they are significant for all employers who...

MIS-FIRING FOR MISCONDUCT

by D. Gregory Valenza | The Daily Journal | Jun 10, 2010

A client seeking advice about firing an employee who curses, throws things, or even makes threats of bodily harm expects a green light. A competent employment lawyer usually may oblige without significant risk. Usually. “Obey now, grieve later,” is a...

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