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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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Employers May Soon Have More Leeway to Require Medical Examinations of Employees

Friday, 24 May 2013 10:07


The Americans with Disabilities Act (ADA) was cited as having been violated by employers within 26% of all EEOC Charges filed in 2012 - over 26,300 Charges.  Typically, when we talk about the ADA we are referring to an employee who is claiming to be disabled and whose employer has failed to accommodate this alleged disability.  However, did you know that the ADA protects non-disabled individuals as well?  Yes, the ADA generally prohibits an employer from asking any employee medically related questions and/or requiring employees to undergo medical treatment/evaluations which are not business related.

In a recent case, Robert Crump writes about how crucial one major U.S. corporation’s well-drafted job description can be when attempting to prove that medically related questions and mandated evaluations are in fact business related.


ERISA contract terms unfair? Tough Luck

Tuesday, 21 May 2013 08:29


Judges may not rewrite an Employee Retirement Income Security (ERISA) health plan document just because it’s unfair, according to the U. S. Supreme Court.  In a case generally applicable to all employee benefit plan contracts, Mary Leigh Pirtle writes about the Court’s instruction and advice for employers to draft around commonplace doctrines which would otherwise limit employer’s rights and potentially expand their liability.  


Single Employer Status under NLRA

Monday, 20 May 2013 08:00


The National Labor Relations Board (NLRB or Board) has recently been in the news, not for what it has decided, but for how it made its decisions.  With two federal appeals courts ruling that President Obama unconstitutionally made recess appointments to the Board, the legality of NLRB decisions dating back to 2011 will have to be determined by the Supreme Court.  In the meantime, the NLRB continues to pump out decisions, in many cases overturning or expanding the reach of prior decisions.  Courts of appeals continue to review those Board decisions.  In one recent case, the U.S. Court of Appeals for the Third Circuit considered application of the Board’s single employer doctrine.  Sean McLean explains in this article.


Partially deaf employee meets partial district court

Tuesday, 14 May 2013 09:15


The definition of “disability” was expanded after Congress passed the ADA’s 2009 Amendments.  Now, an inability to perform a “major life activity” such as sleeping, walking, standing, even concentrating or thinking, is arguably a “disability,” attaching legal rights for employees and implications for employers.

Gina Helou writes about one recent case where an employee attempts to expand the already broad ADA to partial disabilities.


Complaining About Manager on Facebook is Protected Activity

Monday, 13 May 2013 11:03


September, 2011 was the first ruling by the National Labor Relations Board (actually it was at the ALJ level) on the issue of firing employees who discussed terms and conditions of employment via social media (i.e. Facebook).  Since that time, the NLRB (the Board and ALJs) have issued a flood of decisions, as well as three General Counsel Advice Reports, on how to navigate the social media waters to properly terminate employees who violate a company’s lawfully-dubbed social media policy.  

Patrick Ogilvy discusses a recent social media decision handed down from the NLRB, in a textbook scenario of what employers should NOT do when faced with a Facebook-ranting situation.


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