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ten most recent federal employment law articles Ten Most Recent Federal Articles

VETS Publishes Final Rule on VEVRAA Reporting Requirements

FordHarrison LLP • October 01, 2014
Executive Summary: The Department of Labor's Veterans' Employment and Training Service (VETS) has issued its final rule implementing the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). As discussed in our prior Alert, VETS issued a Notice of Proposed Rulemaking (NPRM) in February 2014, setting out its proposed revisions to the rule.

Quick Quiz Answer: Pay For Being In On-Call Status

Fisher & Phillips LLP • October 01, 2014
The answer to our September 22, 2014 Quick Quiz is, "Yes, even though the payments are not tied to the on-call hours he works." In declining percentage order, the responses were:

Unemployment Claims: Do You Really Want To Fight It?

Fisher & Phillips LLP • October 01, 2014
There are a lot of misconceptions regarding unemployment claims filed by recently-departed employees. This article will try to shed some light on them and help answer the common question: “Should we fight an unemployment claim?”

The Chicken Or The Egg?

Fisher & Phillips LLP • October 01, 2014
You finally decided to take the long overdue disciplinary action. Jack has got to be disciplined. But just before you do, Jack, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first you’ve heard of this problem. Is the complaint legitimate? What do you do? Continue with the planned disciplinary action? Put your decision on hold while you investigate? Will it look like retaliation if you proceed with the discipline?

When Employees Solve Problems With Their Fists

Fisher & Phillips LLP • October 01, 2014
Generally speaking, human resources professionals and business executives have become quite adept at dealing with employee claims for illegal harassment. For example, just about any HR manager can provide a definition of a “hostile work environment.” Likewise, HR managers are keenly aware of what to do when handling workplace romantic relationships or inappropriate conduct that have the potential to generate a lawsuit.

THE EEOC STEPS UP CHALLENGES TO EMPLOYERS’ RELEASE AGREEMENTS

Shaw Valenza LLP • October 01, 2014
Employers’ motivation to obtain a release of claims may range from reducing the risk of litigation after a group layoff, to resolving a live dispute with a single employee. These goals generally are consistent with the strong public policy favoring settlement of disputes without litigation.

Keeping Secrets on Social Media: Part II

Young Conaway Stargatt & Taylor, LLP • September 30, 2014
Employees telling secrets online was the subject of yesterday's post, Keeping Secrets on Social Media. Today's post--a continuation of the theme from yesterday--is about "auto-expire" apps.

When Misconduct at Home Turns Into Discipline at Work

Fisher & Phillips LLP • September 30, 2014
Domestic violence is wrong.

Ninth Circuit Rejects EEOC's Challenge of Tribal Hiring Preferences

Littler Mendelson, P.C. • September 30, 2014
Tribal hiring preferences based on political classifications are permissible under Title VII of the 1964 Civil Rights Act, the U.S. Court of Appeals for the Ninth Circuit recently held in EEOC v. Peabody W. Coal Co.1 The first federal circuit court of appeals to address the question in such detail, the Ninth Circuit rejected the Equal Employment Opportunity Commission's claim that a mining company's implementation of a tribal hiring preference — based on leases drafted by the U.S. Department of the Interior — violated Title VII's prohibition of national origin discrimination. The case presented an unusual posture, with the EEOC being adverse to the Department of Interior, which itself was represented by the Department of Justice.

NLRB Declines to Revisit Employee Use of Company Email Systems . . .

Ogletree Deakins • September 30, 2014
Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for now, as the Board, in Purple Communications, Inc., 361 NLRB No. 43 (2014), declined the NLRB’s General Counsel’s invitation to overrule Register Guard, 351 NLRB 1110 (2007), enfd. in relevant part and remanded sub nom. Guard Publishing v. NLRB, 571 F.3d 53 (D.C. Cir. 2009). But, in continuation of a troubling trend, the Board in Purple found yet another employer work rule—a “no disruption” rule—to be unlawful, resulting in an employer’s election victory being overturned and a new election being ordered.