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Decision may limit claims of employee computer fraud 

By: Kimberly Atkins
Published: May 16, 2012

Tags: circuit split, Computer Fraud and Abuse Act, confidential information, Congress, Employment Law, Suprme Court

A recent 9th Circuit decision has cast doubt on a tool that is increasingly being used by employers to go after employees who use confidential information from company computer systems.

Supreme Court ponders if drug reps can get overtime 

By: Kimberly Atkins
Published: April 16, 2012

Tags: Employment Law, fair labor standards act, Labor Department, overtime pay, Supreme Court

WASHINGTON – The justices of the U.S. Supreme Court tackled the question of whether pharmaceutical representatives who educate, entertain and pitch their products to doctors are salespeople, a decision that will determine whether they are entitled to overtime pay under the Fair Labor Standards Act.

Anti-criminal hiring policies could spur bias suits 

Published: March 23, 2012

Tags: criminal background checks, E-RACE, EEOC, Employment Law, hiring practices, racial discrimination

WASHINGTON – For employers, policies that forbid the hiring of convicted felons may seem like a very good, common-sense idea, especially for companies in the hospitality industry or any other trade involving frequent contact with customers.

But under an initiative from the Equal Employment Opportunity Commission designed to root out race-based systemic hiring practices, blanket policies against hiring applicants with criminal histories could land employers in hot water.

NLRB to appeal decision nixing part of posting rule 

By: Kimberly Atkins
Published: March 19, 2012

Tags: Employment Law, labor law, NLRB, notice posting rule, unfair labor practices

WASHINGTON – Employers and business groups won a partial victory in federal court earlier this month with a ruling that invalidated the portion of a controversial National Labor Relations Board rule that makes failure to post notice of employees’ rights under the NLRA an automatic unfair labor practice.

But the issue is far from settled.

Can federal workers bring constitutional claims? 

By: Kimberly Atkins
Published: February 27, 2012

Tags: Civil Service Reform Act, constitutional claims, Employment Law, federal jurisdiction, Supreme Court

WASHINGTON – The justices of the U.S. Supreme Court will soon decide whether the Civil Service Reform Act precludes federal workers from bringing certain constitutional claims in federal court.

Labor department issues new final rule on H-2B visas 

By: Kimberly Atkins
Published: February 15, 2012

Tags: Department of Labor, Employment Law, H-2B visa

WASHINGTON – The Department of Labor has issued a new final rule governing the H-2B temporary non-agricultural worker program that the agency said will give U.S. workers greater protections and job access.

Supreme Court justices raise privacy concerns in GPS case 

By: Kimberly Atkins
Published: November 22, 2011

Tags: Employment Law, Fourth Amendment, GPS tracking, invasion of privacy, search and seizure, Supreme Court

During oral arguments in a case challenging police officers’ warrantless use of GPS technology to track suspects’ movements, the U.S. Supreme Court justices expressed serious privacy concerns that have not only criminal attorneys taking note, but also civil attorneys in areas such as employment law, where the use of electronic surveillance by employers could also spur privacy claims.

FEDERAL JURISDICTION 

Published: October 17, 2011

Tags: Employment Law, federal jurisdiction, Supreme Court

Does the Civil Service Reform Act preclude a federal worker from challenging the constitutionality of a federal statute in district court?

Elgin v. U.S. Dept. of the Treasury, No. 11-45. Certiorari granted:  Oct. 17, 2011. Ruling below: 641 F.3d  6. (1st Cir. 2011).

Chamber of Commerce sues to block new NLRB posting rule 

By: Kimberly Atkins
Published: September 22, 2011

Tags: Employment Law, labor law, National Labor Relations Act, NLRB, U.S. Chamber of Commerce., union

WASHINGTON – The U.S. Chamber of Commerce has filed a lawsuit challenging a new rule by the National Labor Relations Board requiring employers to post notices in the workplace explaining employees’ rights under the National Labor Relations Act.

NLRB report: Mixed decisions in social media cases 

Published: September 1, 2011

Tags: Employment Law, NLRB, protected activity, social media

WASHINGTON – Recent investigations by the National Labor Relations Board have resulted in a mixed bag for employers and workers in cases involving the use of the social media, according to a report by the agency’s acting general counsel.