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As we all know, the ADA prohibits discrimination on account of past, present and perceived physical and emotional disabilities. Generally, the key to avoiding liability is focusing on abilities and not disabilities. That's an easy mantra to articulate, but it can be deceptively complicated for a supervisor to implement.
Continuing a seesaw battle that has been ongoing since the early 1980s, the NLRB recently held in a 3-2 decision that non-union employees do not have a right under the National Labor Relations Act to be accompanied by a fellow employee during a meeting that might lead to discipline.
In the past several years, employment class and collective action lawsuits have caught the attention of employees across the country. Many of these cases have resulted in multi-million dollar settlements or verdicts. Equally troubling, once an industry or corporation is viewed as potentially vulnerable on an issue, copycat cases may be brought in multiple jurisdictions against the same defendant or against others in the same industry.
Recent rulings of importance to you and your practice.
National cases of importance to your practice.
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According to a new report from Nucleus Research, "Spam: The ROI Killer," the cost of spam per employee has skyrocketed to $1934 per year.
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Leading Internet service providers (ISPs) say that the industry needs to work together and take proactive steps to stop the conflagration of unwanted e-mails. <br>The companies ' including leading e-mail providers and ISPs Yahoo!, EarthLink, Microsoft, Comcast and America Online (AOL) ' through the Anti-Spam Technical Alliance (ASTA), are calling on other ISPs to adopt a series of actions and policies that they have developed after a year of collaboration to fight spam.
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An Internet company asked a skeptical 9th U.S. Circuit Court of Appeals in late June for the right to sue an East Coast business rival in Northern California, even though the rival has no physical presence in the California.
Even 007 wasn't shadowed this much. These days, spyware operations are the most popular cybermarketing tool around ' and the most unpopular. Software designers and advertisers have joined forces to run a clandestine operation on millions of consumers across the country. The tracking, data mining, and browser hijacking files that these companies surreptitiously plant on a person's computer extract personal information for advertising purposes, often without the user's knowledge or consent, and they have become a growing concern to companies, individual consumers, and the government. Most importantly, as frustration and fear of spyware grow and cause more people to turn away from the Internet, e-commerce is threatened. How did we get to this point, and what are the chances of successful regulation?
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Estimates of the amount of damage to U.S. businesses caused by computer crime vary greatly, but there is no doubt that corporate America's increased reliance on information technology has led in recent years to a dramatic increase in such losses. <br>A 2003 study by the Computer Security Institute and the FBI found that 90% of respondents had suffered breaches of their computer system within the past year. Reports of specific instances of computer crime also suggest that the risk of damage to computer systems is real and growing.<br>Despite these real and substantial risks, many companies are not doing enough to protect themselves.