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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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When Prayer Imposes an Undue Hardship

Friday, 03 January 2014 15:14


A recent EEOC case sheds some light on an employer’s successful undue hardship defense to a lawsuit alleging a failure to reasonably accommodate religious practices.


Undocumented or Illegal Immigrant Workers are Still Protected by the FLSA

Friday, 03 January 2014 14:55


The U.S. Court of Appeals for the Eighth Circuit has determined undocumented immigrant workers are entitled to recover for unpaid overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”). In the first federal appellate decision on the issue in twenty years, the Eighth Circuit left little room for interpretation. Work performed by undocumented or unauthorized aliens must still be paid according to the standards of the FLSA.


Open, Undeleted E-mails Not Protected by Stored Communications Act

Friday, 03 January 2014 14:45


A U.S. district court in Ohio has deepened the divide among courts recently analyzing the Stored Communications Act (SCA) in the employment context.  The SCA makes it unlawful for anyone to “(1) intentionally access without authorization a facility through which an electronic communication service is provided, or (2) intentionally exceed an authorization to access that facility; and thereby obtain . . . access to a wire or electronic communication while it is in electronic storage in such system.”  The statute was designed to impose criminal penalties for individuals accessing electronically store information without authorization, such as hackers.  Plaintiffs, however, have attempted to stretch the purpose of the SCA to cover other situations.


Sex in the workplace – a “no-no”

Friday, 29 November 2013 08:53


Married doctor falls for his nurse - it’s the classic adulterous love affair.  In this particular affair, as is often the case, the lovers got caught – at work – in the office – in flagrante delicto!  The culprits were offered two options: resign or be terminated.  According to the Sixth Circuit Court of Appeals, termination of employees based on a consensual, albeit inappropriate, sexual relationship that ended in turmoil is not a valid basis for Title VII retaliation or hostile work environment claims.


Employers potentially threatened by “micro-unions”

Tuesday, 26 November 2013 10:33


A recent decision by the Sixth Circuit Court of Appeals has upheld a ruling by the National Labor Relations Board (NLRB) allowing the practice of forming so-called “micro-unions.”  A micro-union is a significantly smaller subsection of employees who are granted the right to unionize based on their classification in specific jobs, sections, units, or departments.  This differs sharply from traditional unionization, which generally requires the consent of the majority of employees in a given location.


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