Secret Recordings & Employee Damages

By Andy Volin Employees sometimes secretly record meetings with supervisors, trying to obtain information they can use to bring claims against the company. This tactic recently backfired for a Colorado employee. The company had a policy prohibiting recording, and when it found out during discovery in the employee’s lawsuit that he had made the recordings, it […]

Can Dukes Plaintiffs Re-File?

By Andy Volin Dukes update: Wal-Mart has won a significant battle in its on-going nation-wide sex discrimination dispute. Last year, the Supreme Court ruled that the absence of a nation-wide policy (other than a policy against discrimination) meant the Dukes case could not proceed as a nation-wide class action. The plaintiffs in Dukes have responded […]

Jurassic Firing Not Unlawful

By John Alan Doran Nancy Barnette was a route driver for FedEx.  By all reasonable accounts, Barnette smashed her delivery truck into a gate leading into a subdivision.  The accident caused her passenger-side window to crack and it eventually caved in. Barnette, assisted by a Good Samaritan landscaper (who later testified against Barnette), cleaned up […]

Warm Up The Xerox, California

By Sarah Peace Employers beware, the California legislature, through A.B. 2674, has further eroded employers’ control over their personnel records.  Beginning January 1, 2013, upon request, employers (even outside California) must provide current and former California employees or their representatives with a copy of all records pertaining to the individual’s employment within 21 calendar days […]

No Privacy Protection for Facebook Post

By  Ted Olsen Ever worry that you’re not up to speed on social media?  Do you feel like your employees are more techno-savvy than you about social media, and that this will work to your disadvantage?  This may be true, at times, but employees sometimes demonstrate remarkable naiveté about social media and the Internet [like […]

Define Workweek to Reduce Overtime

By Rose McCaffrey The Fair Labor Standards Act (FLSA) required employers to define its workweek — any seven consecutive 24-hour periods.  In a recent case, the employees worked one week on, one week off, Tuesday to Monday.  The employer changed the workweek from a Tuesday-to-Monday workweek to a Sunday-to-Saturday workweek.  The change drastically reduced the […]

NLRB Decides First Facebook Firing Case

By John Alan Doran We’ve all been warned repeatedly about the perils of firing an employee for things an employee posts on social media sites, such as Facebook.  The NLRB has finally weighed in on Facebook officially in Karl Knauz Motors, Inc.  The case, although somewhat comical, reinforces the serious risks associated with social media and […]

LinkedIn Litigation Continues

By Bill Wright We’re still waiting to see what legal remedies an employee might have when the employer appropriates a personal LinkedIn account.  Eagle v. Morgan goes to trial in two weeks. Edcomm discharged Linda Eagle, its founder and CEO.  Edcomm’s new interim CEO took over Eagle’s LinkedIn account and substituted the new CEO’s name, […]

Mini-Dukes Cases Multiply

By Andy Volin In Wal-Mart’s 2011 Supreme Court victory in the Dukes case, the Court re-asserted that separate employment decisions made at the local level do not easily support a nation-wide class action; no common policy or practice affected all the purported class members.  The result? A plethora of region-wide class actions.  Now there’s a case […]