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PEDs: Exit Ramp for Your Confidential Data?

PEDs (portable electronic devices) may truly be productivity boosters (although managers watching employees texting, Twittering, and gaming may not be so sure). But they are also potential carriers of critical information about customers, employees, and the company itself. Yesterday’s Advisor covered 10 policy issues surrounding PEDs. ( Go here to see them.) Today, we continue […]

3 ECN Member Blogs Nominated for ABA Blawg 100

Three blogs written by members of the Employers Counsel Network have been nominated for the American Bar Association Journal’s annual Blawg 100 competition. For the fourth year in a row, That’s What She Said, a blog written by attorneys at Ford & Harrison LLP, has been selected as one of the 100 best law blogs […]

Are ‘Stealth’ Violations Lurking in Your Selection Standards?

Employers with the best of intentions can get tripped up by “stealth” violations of testing discrimination laws, says Fay Hansen, blogging on the Workforce Management website. Fay Hansen points out several situations in which employers get into trouble with their testing. Jobs change The first stealth problem is simply that jobs change. In today’s work […]

Full Faith and Credit: Lessons from the Shirley Sherrod Snafu

By Mark I. Schickman Imagine a horrible accusation made against one of your managers — maybe harassment, maybe violence, maybe theft, maybe drugs. This is an outspoken employee who has sued you before — and won — and with whom you have to be careful. But under heavy pressure from top executives, you immediately fire […]

New York and California Trying to Clean up FLSA Abuses at Car Washes

As spring rolls in, muddy cars are a frequent occurrence, and car washes typically see increased patronage in the spring and summer months — which means longer hours for car wash employees. However, those employees are still entitled to overtime pay (and other legal protections) when high demand means increased work hours. Recently, car washes […]

Terminating Employees: Neutral Investigation Helps Defeat Discrimination Charges

Richard King was a valued United Parcel Service (UPS) supervisor in Redding for more than 30 years, until he was fired for falsifying an employee’s timecard. King contended in a lawsuit that the real reason for his termination was disability bias. But now a California appeals court has dismissed King’s suit—and the case is a […]

Utah case puts same-sex marriage issue on track to go before Supreme Court

Utah’s constitutional amendment banning same-sex marriage suffered another blow in a June 25 ruling from the U.S. 10th Circuit Court of Appeals, and that ruling makes it likely that the issue of same-sex marriage will go before the U.S. Supreme Court. The 10th Circuit’s decision upheld a December 2013 federal district court ruling that struck […]

News Notes: Loose Lips And Thoughtless Comments Get Employers Sued

In two recent cases, employers are facing lawsuits based on inappropriate comments the complaining employee never heard or saw. In the first case, a Mexican-American applicant rejected for a position at State Farm Insurance got the green light to sue because the hiring manager later allegedly referred to another employee as a “dumb Mexican.” Although […]