Tag Archives: Employment Law

OSHA Issues Guidance on Restroom Access for Transgender Workers

The Occupational Safety and Health Administration (OSHA) has released a guide for employers on best practices regarding restroom access for transgender workers.  This release coincides with National LGBT Pride Month as well as Caitlyn Jenner’s appearance on the June cover … Continue reading

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There’s No Place Like Home (Unless Attendance Is An Essential Job Function)

A federal appellate court has rejected the EEOC’s claim that Ford unlawfully denied an employee’s request for a reasonable accommodation after she asked to work from home due to her irritable bowel syndrome. The U.S. Court of Appeals for the … Continue reading

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Ooh, Baby Love: The Supremes Rule in Favor of Pregnant Employee

For the first time in years, the U.S. Supreme Court has issued an opinion on the scope of the Pregnancy Discrimination Act (“PDA”).  In Young v. UPS, the Supreme Court ruled that a pregnant worker could bring a claim of … Continue reading

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New Illinois Laws Affect Online Privacy

Recently enacted Illinois laws are intended to protect the online privacy of both public and private employees in the state. The Judicial Privacy Improvement Act (JPIA) is a legislative response to the 2005 shootings of relatives of a federal judge … Continue reading

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Toll of “Facebook Victims” Mounts

Although social media is no longer a new phenomenon, evidently even people who should know better still have not grasped that nothing on the Internet is confidential.  What’s more, there is no sure demarcation between private postings and those that … Continue reading

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Maryland Takes Lead in Banning Employers from Demanding FB Access

Maryland recently became the first state to ban employers from requiring prospective employees to let them access their social media accounts.  The law was passed in response to protests after the state demanded corrections officers’ social media passwords to search … Continue reading

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NLRB Orders Reinstatement of Fired Nonunion Facebook Posters

The National Labor Relations Board (NLRB) is continuing its campaign against employers who retaliate against employees for social media posts complaining about their jobs.  This time the NLRB charged a nonunion nonprofit corporation, Hispanics United of Buffalo, Inc., which fired … Continue reading

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Teacher Disciplined for Gay Marriage Post Invokes First Amendment

A former Teacher of the Year is claiming that his First Amendment rights are being violated by a school district investigation into a Facebook post that he “almost threw up” while watching news about gay marriage and calling it a … Continue reading

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Court: LinkedIn Want Ad did not Breach Non-Solicitation Agreement

Posting a job want ad on a publicly available social media site does not put a company at risk of breaching a non-solicitation agreement, according to an Indiana appellate court.  The parties in Enhanced Network Solutions Group, Inc. v. Hypersonic … Continue reading

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Could Weinergate Lead to Legal Trouble?

Rep. Anthony Weiner’s admission that he is indeed the half-naked congressman of the month may not be enough to put the Weinergate scandal to rest.  What looked like a lesson in data security following Weiner’s statements that his accounts were … Continue reading

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Violate Your Employer’s Computer Policy and Go to Jail?

A federal appellate court upheld an indictment of several employees under the Computer Fraud and Abuse Act for passing their employer’s computer files to a former coworker starting a competing business.  The employees argued they were authorized to access the … Continue reading

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Plug or Perish

HR Advisor recently featured Damon Dunn’s article, “Social Media Policies:  Walking a Tightrope” (.pdf).  The article provides a more extensive analysis of the “Facebook Firing” case, previously discussed on Post or Perish, where the National Labor Relations Board (NLRB) found … Continue reading

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NLRB Attempts to Clarify its Regulation of Social Media

A National Labor Relations Board (NLRB) Advice Memorandum recently opined (.pdf) that an Arizona newspaper did not violate the National Labor Relations Act (NLRA) when it fired a reporter for a series of allegedly inappropriate Tweets.   The NLRA protects employees … Continue reading

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Another San Diego Employee Fired for Sex Ads

A California appellate court recently upheld a school district’s decision to terminate the employment of a tenured middle school teacher who posted a Craigslist ad soliciting sex which included pornographic images of the teacher as well as obscene text. The … Continue reading

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Copyright Bill Targets Streamers

A recently introduced Senate bill would make streaming copyrighted content online – as opposed to distributing downloadable copies of the content – a felony punishable by imprisonment and fines. Current copyright law distinguishes between distribution of copyrighted content, which may … Continue reading

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