This week brought us two huge employment law stories, one of which I covered this week and one which I’ve covered in the past.
On Monday, the Supreme Court agreed to review the issue of the applicability of the “cat’s paw” to discrimination cases. For my thoughts on this issue, jump over to The Return of the Cat’s Paw. For others’ thoughts, I recommend: Fitzpatrick on Employment Law, Maryland Employment Law Developments, World of Work, SCOTUSblog, Washington D.C. Employment Law Update, Daily Developments in EEO Law, Workplace Prof Blog, Michael Fox’s Jottings By An Employer’s Lawyer, and LawMemo Employment Law Blog.
Also on Monday, the Supreme Court heard oral argument in Quon v. Arch Wireless, which may decide the issue of an employee’s right of privacy in non-work related emails and text messages on employer-owned and issued equipment. I covered this case last June, with the 9th Circuit’s original decision, and will cover it again when the Supreme Court issues its decision. In the meantime, the following blogs covered the oral argument: Rob Radcliff’s Smooth Transitions, Abovethelaw.com, How Appealing, SCOTUSblog, Philip Miles’s Lawffice Space, Dan Schwartz’s Connecticut Employment Law Blog, LawMemo Employment Law Blog, Workplace Prof Blog, and Workplace Privacy Counsel.
Here’s the rest of the best I read this week:
Discrimination
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Frivolous Litigation and the EEOC – from The ChamberPost
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Sexting at Work: What is an employer to do? – from Jennifer Hays at the Warren & Hays Employment Law Blog
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Colwell v. Rite Aid Corp.: Employer May Be Required To Modify Work Schedule to Accommodate Commuting Difficulties – from A Case of the Mondays
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The ADA: Headaches or a Litigation Perfect Storm? – from GT LE Blog
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Male Sexual Harassment Claims On The Rise – from Wyatt Employment Law Report
Wage & Hour
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Today is Equal Pay Day – from Stephanie R. Thomas, Ph.D.
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Obama Establishes National Equal Pay Day – from Washington D.C. Employment Law Update
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NPR on the Paycheck Fairness Act – from Workplace Prof Blog
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FMLA Right to Commence Leave is Not Absolute, 11th Circuit Holds – from The FMLA Blog
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Health Care Reform -- What Employers Need To Know Now – from Hunton Employment & Labor Law Perspectives™
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New Federal Workplace Lactation Law–Why It’s Good for Families, Good for Business – from Corporate Voices for Working Families
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Pick Your Poison: An IRS Audit or Visit to the Proctologist? – from Compensation Cafe
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House Committee Holds Hearing on Work-Life Balance Award Act – from Washington D.C. Employment Law Update
Social Networking
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The backstory on the lost iPhone 4 – from The Apple Core
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Social Media Revolution & What it Means for Employers – from Defending The Digital Workplace
Labor Relations
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Shock! Not all unions like card-check... – from LaborUnionReport.com
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SEIU’s Anna Burger: Push NLRB to Regulate, Congress to Use Reconciliation to Push EFCA – from Labor Relations Today
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The Future of Unions: A Key Question – from Michael Fox’s Jottings By An Employer’s Lawyer
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President Re-Submits NLRB Nominations of Becker, Pearce to Senate – from Labor Relations Today
Background Checks
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Boy Scouts Hit With $1.4 Million Plus Another $25 Million (Maybe) – from The Word on Employment Law with John Phillips
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Report: Disney Bus Driver Arrested on Child Pornography Charge – from StitchKingdom.com
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Negative Employment Verification Leads to Multimillion Dollar Judgment – from Nick Fishman at the employeescreenIQ Blog
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The Use of Credit Checks by Employers is Under Attack on Many Fronts—Oregon Statute is but One Example – from Fitzpatrick on Employment Law
Miscellaneous
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75 Online Legal-Writing Resources, Just in Time for Summer Associates – from Molly DiBianca’s Going Paperless
Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.