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Features

Social Networking in the Workplace Image

Social Networking in the Workplace

William C. Martucci, Kristen A. Page, & Jennifer K. Oldvader

Nineteen million Twitter users can complain about their jobs instantly by "Tweeting." A reported 33% of Americans online are on Facebook, where they can upload embarrassing or questionable digital photos. This exponential growth has significant consequences for the workplace.

Features

The 'Revised' Employee Free Choice Act Image

The 'Revised' Employee Free Choice Act

Michael Pepperman

Over the past several months, behind-the-scenes "legislative wrangling" has led to several proposed modifications to the poorly titled Employee Free Choice Act ("EFCA"), a bill currently pending in both the House and Senate. Here's what to do.

Features

Employment Arbitration: It Takes Two to Tango Image

Employment Arbitration: It Takes Two to Tango

Paul Snitzer & Christopher Durham

Countless employers have promulgated arbitration agreements to take advantage of the perceived benefits of arbitrating employment-related claims, including the absence of a jury, the efficiency of resolving claims in an arbitral forum and the reduced or eliminated publicity resulting from employment claims.

Update on 'No-Match' Letters Image

Update on 'No-Match' Letters

John D. Shyer

On Oct. 7, 2009, the Department of Homeland Security ("DHS") published a final rule rescinding its safe-harbor procedures for employers that receive "no-match" letters from the Social Security Administration ("SSA") or similar letters from the DHS. Safe-Harbor Procedures for Employers Who Receive No-Match Letter.

Features

Employment Rights and Returning Armed Forces Members Image

Employment Rights and Returning Armed Forces Members

David C. Henderson & Matthew P. Ritchie

The United States Department of Justice (DOJ) recently increased enforcement efforts against employers believed to have discriminated against armed forces members returning from active duty and seeking to reenter the civilian workforce. Here's what you need to know.

Features

Overtime Implications of Bonus Plans Under the FLSA Image

Overtime Implications of Bonus Plans Under the FLSA

William J. Wortel

This article discusses both the general rule that bonus payments must be included in the "regular rate" calculation for overtime purposes, and the three most common exceptions to this general rule. It also tests your knowledge of these rules.

Features

Update on Retaliation Claims Image

Update on Retaliation Claims

Victoria Woodin Chavey

Continuation of an analysis of <i>Kasten v. Saint-Gobain Performance Plastics Corp.</i>, wherein the Seventh Circuit held that an employee's strictly oral complaints about allegedly improper wage practices did not implicate the FLSA's prohibition of retaliation against those who have "filed any complaint."

Features

Damages: A Tax Break for Plaintiffs Raises Interesting Issues Image

Damages: A Tax Break for Plaintiffs Raises Interesting Issues

Chad L. Staller & Stephen M. Dripps

The Third Circuit recently delivered a significant clarification on economic damages in employment matters. In <i>Eshelman v. Agere Systems Inc.</i>, the court held that plaintiffs in employment-discrimination suits may recover for the negative tax consequences of receiving a lump-sum award for back pay.

Features

Too Much Information? Image

Too Much Information?

Josh Davis & Neil McKittrick

There is considerable information available in cyberspace ' much of it interesting, some of it damning, and some of it false. Obtaining that information feels risk free and virtually untraceable. However, the universe of employment laws applies to much of what happens when virtual sleuthing yields tangible job consequences.

The Recovery Act's Daunting Whistleblower Provisions Image

The Recovery Act's Daunting Whistleblower Provisions

Steven J. Pearlman

This article describes the type of activity Section 1553 protects and the competing burdens parties must bear in pursuing and defending retaliation claims under this statute. It also provides a framework for assessing the risks Section 1553 poses to employers, identifies questions Section 1553 leaves unanswered, and presents the question of whether a few of Section 1553's provisions pass constitutional muster.

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