Security of Employees' Personal Information Focus of New Ninth Circuit Case
I have been following a case concerning an employer’s obligation to protect employee data that has now come to a conclusion with two Ninth Circuit decisions. Krottner et al. v. Starbucks arose from the 2008 theft of a laptop that contained the unencrypted names, addresses, and Social Security Numbers of approximately 97,000 Starbucks employees.
A Lesson from the Sixth Circuit's New ADA Decision
This week the Sixth Circuit issued an opinion in Jakubowski v. The Christ Hosp., Inc. affirming a district court’s decision to grant summary judgment in favor of the employer. The plaintiff, Dr. Martin Jakubowski, was diagnosed with Asperger’s syndrome, a condition that severely impeded his ability to communicate with patients and co-workers.
Significant New Sixth Circuit Decision on Drug Testing and the ADA? Not so much.
Today, the Sixth Circuit issued a decision in Bates v. Dura Automotive Systems, Inc. that may appear to be of interest to employers who have or want to implement drug testing programs. Unfortunately, the decision is of limited use in predicting future outcomes because, among other things, it is extremely narrow and was decided without reference to the ADAAA, having arisen before the amendments took effect. Regardless, it is worth a look as it will be touted as a win for employers and some may be misled about its significance.
The (Possible) Future of Arbitration
In my last post, I discussed the pros and cons of arbitration of employment disputes, concluding that the pros outweigh the cons. I also noted that the Arbitration Fairness Act, which would ban forced arbitration in employment disputes, is looming on the horizon. I ended with the question: What should you do if the Arbitration Fairness Act passes? As promised, here are a few suggestions.
Arbitration Pros and Cons
In the interest of full disclosure, I am a huge proponent of arbitration of employment disputes as beneficial to employers. Frankly, I do not understand why more employers do not use arbitration. After some internet research on the topic, I have identified the following commonly stated pros and cons of arbitration.
A Valuable Reminder About the Scope of the NLRA
The NLRB announced today that the Texas Dental Association has distributed $900,000 in back pay awards to two former employees who were fired in relation to a petition complaining of poor management and unfair treatment.
Non-solicit suit based on LinkedIn communication is good news for employers
Have you heard about the non-solicit suit involving communications on LinkedIn? Well, it seems that an employer in Minnesota is suing former employees and their new employer over violations of the employees’ non-solicitation agreements. The twist is that one of the employees allegedly did her solicitation through her LinkedIn page, communicating with several former colleagues after going to work for a competitor.
Self-inflicted wounds: indecisiveness... or hesitation
Here is a scenario I’ve seen too many times to count. An employee is terminated and files a lawsuit. The employer had a good reason but there are counter arguments.
The Truth and Nothing But...
In employment litigation, management witnesses are sometimes reluctant to be forthcoming about business decisions if they perceive that the reasons for a decision might not look good to others. This kind of thinking often misses the point in employment litigation.
Victory for Employers: Intentional Tort Statute Constitutional
The Ohio Supreme Court delivered a major victory for employers this week by upholding the constitutionality of Ohio's intentional tort statute.
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