The U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued a final rule on September 11, 2014, requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule will go into effect on Jan. 1, 2015. The rule also updates the list of employers partially exempt from OSHA’s recordkeeping requirements.
The recently-published video of NFL star-running back Ray Rice beating his then-fiancée in a casino elevator begs the question: What should an employer do when it faces bad behavior by one of its employees? And, does it matter if the employee is off-the-clock?
Companies with Kentucky employees need to review their non-competition agreements.
Two federal courts recently dealt with thorny issues stemming from defendant employers’ use of the attorney-client privilege and work product doctrine. These rulings should be heeded by those of us who develop or revise electronic data review protocols, particularly any guidance for determining when to withhold documents under the attorney-client privilege or the work product doctrine.
Stressing that technology has made telecommuting easier, the Sixth Circuit yesterday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. failed to accommodate a worker with irritable bowel syndrome (IBS) by refusing her request to work from home most days.
While the rest of us have been cheering on our favorite teams or sulking due to our busted March Madness brackets, Northwestern University has been fighting a different battle before the National Labor Relations Board (“NLRB”). On March 26, 2014, a regional director for the NLRB ruled that football players at Northwestern qualify as “employees” and have the right to unionize, paving the way for athletes at private educational institutions throughout the country to unionize.
The Potentially Unintended Effect of the Unemployment Insurance Integrity Act on Employment Settlement Agreements
The amendments to the Unemployment Insurance Integrity Act quietly went into effect as of October 21, 2013. Congress passed the Unemployment Insurance Integrity Act (“Act”) in late-2011 as part of the Trade Adjustment Assistance Extension Act of 2011 (“TAAEA”). While the TAAEA is primarily concerned with extending retraining assistance for employees displaced by foreign workers, the Act requires states to incorporate provisions into their own Unemployment Insurance laws to (1) enhance penalties for fraudulent Unemployment Insurance claimants; (2) revise the timing of "new hire" reports; and (3) impose new obligations on employers (and their agents) with respect to responding to Unemployment Insurance claim notices.
As most any litigation practitioner knows, Facebook can be GOLD. Pictures really are worth 1,000 words. . . or more. That million dollar picture of a plaintiff who has claimed debilitating emotional distress: on a boat, raising a beer with friends, and posted smack in the middle of the period of time that plaintiff claims was riddled with “emotional distress.” GOLD. And it happens with regularity. Facebook, as with other social media, is a medium of the moment – individuals post (and get tagged) in pictures posted during the adrenaline-infused, alcohol-fogged moments of “good times.” And it is exactly these moments – moments easily forgotten by Plaintiffs asking a judge or jury for emotional distress damages – that are crucial to developing a clear picture of emotional distress.
What do Rolling Stone magazine and the United States Senate have in common? They’re both talking about the discrimination faced by individuals with non-conforming gender identity.
Determining how to reasonably accommodate an employee with a disability can be difficult for employers. The Sixth Circuit’s decision in Kempter v. Michigan Bell Telephone Co., et al. affirms common-sense law – namely, that in reasonably accommodating a disabled employee, employers are not required to convert temporary light-duty work into a full-time position, reassign a disabled employee to a position he/she is not qualified for, or which would displace another employee’s rights, or create a new position.
KMK's Management Rights Blog will focus on labor and employment law issues, developments, and musings. We will cover issues and developments in our home state of Ohio and beyond. We are management side lawyers and this blog will focus on the management perspective, which is often ignored or misrepresented in main stream press reporting of labor and employment law developments.
Your participation in the blog through suggestions, requests, comments and criticisms is welcomed. We will try to respond to any emails we receive, time permitting. If we refer to comments we receive in future posts, we will not attribute them without permission.
- Occupational Safety and Health Administration
- E-Discovery Case Law
- Electronic Data Discovery
- Rule 26
- Rule 34
- Gender Identity Discrimination
- Sexual Orientation Discrimination
- Employment Settlement Agreements
- Unemployment Insurance Integrity Act
- Employment Litigation
- Disability Law
- Judge Beckwith
- Reasonable Accommodation
- Return to Work
- Seniority Rights
- Attendance Policy
- Sixth Circuit
- American Medical Association
- Class Action Litigation
- Wage Increase
- State Minimum Wage
- Posting Requirements
- Job Description
- Federal Minimum Wage
- Fair Minimum Wage
- Fair Labor Standards Act
- Americans with Disabilities Act
- National Labor Relations Board
- Media Policy
- Employer Rules
- Employer Policies
- Employer Handbook
- 2012 Charge Statistics
- Disability Discrimination
- Equal Employment Opportunity Commission
- Equal Pay
- Genetic Information Discrimination
- National Origin Discrimination
- Race Discrimination
- Religion Discrimination
- Family and Medical Leave Act
- Privacy Laws
- Social Media Content
- Social Networking Sites
- Disability Leave
- Labor Law
- Environmental Law
- Sexual Harassment
- National Labor Relations Act
- Employment Law
- Employment Incentives
- HIRE Act
- Social Security Tax
- Healthcare Reform
- Social Media
- Workplace Violence
- Wage & Hour
- Collective Action
- Labor & Employment Law
- L&E Movie Reviews
- OSHA Issues New Reporting and Recordkeeping Regulations
- Employees Behaving Badly: What’s An Employer To Do?
- Kentucky Non-Competition Agreements
- Use and Abuse of Attorney-Client Privilege and Work Product Doctrine in E-Discovery
- Sixth Circuit Holds Telecommuting May Be a Reasonable Accommodation for Employee With IBS
- NLRB Rules College Athletes Are Employees And Can Unionize
- The Potentially Unintended Effect of the Unemployment Insurance Integrity Act on Employment Settlement Agreements
- Facebook Makes Discovery Easy (Sometimes)
- Federal Workplace Protections on the Horizon for Sexual Orientation and Gender Identity
- Sixth Circuit Decision Offers Practical Guidance on Accommodating Disabled Employees