As has become my year-end tradition, next week I will countdown the top 10 labor and employment stories of the year. I do this for two reason: 1) I think it’s important to look back at the last year to understand where we will go next year, and 2) I always take the week between Christmas and New Year’s off to spend with my family.
As my holiday gift to everyone, enjoy David Bowie and Bing Crosby’s Little Drummer Boy, faithfully (and hilariously) recreated by Will Ferrell & John C. Reilly. Merry Christmas everyone.
(If you’re a last minute shopper and are still searching for the perfect gift for me, there are still 7 days left to vote for the top labor & employment blog at the ABA’s Blawg 100).
As a special note this week, thank you to Molly DiBianca and her Delaware Employment Law Blog for including me on her list of the top 100 employment law blogs. I encourage everyone to jump over to Molly’s blog (a fellow Blawg 100 honoree) to find the most comprehensive list of labor and employment law blogs around.
Here’s the rest of what I read this week:
Background Checks
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Newly Aggressive EEOC Sues Over Credit Checks – from John Zappe at ere.net
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EEOC Targets Another Employer for Credit Checks – from Nick Fishman at employeescreenIQ Blog
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EEOC sues over employer use of credit record in hiring – from Walter Olson’s Overlawyered
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Credit History Use Hurt African Americans, EEOC Lawsuit Alleges – from Joe’s HR and Benefits Blog
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EEOC Getting Tough On Employer Use of Credit Reports – from George’s Employment Blawg
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E.E.O.C. Sues Kaplan Over Hiring – from Steven Greenhouse at the New York Times
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Criminal Conduct Does Not Always Lead To Termination From Employment – from Minnesota Labor & Employment Law Blog
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Bankruptcy Discrimination in Hiring – from Philip Miles’s Lawffice Space
Discrimination
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Self-Righteousness and Diversity – from Rob Schwartz’s Fairness Matters
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Gender Pay Equity in 2011: The Devil Is In The Details – from Stephanie Thomas at Compensation Cafe
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Superpowers and the ADA – from Law and the Multiverse
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Too Hot v. Not: The Rest of the Story – from Iowa Employer Law Blog
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Women Still Pay a Big Price for Motherhood – from BNET
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New EEOC Rules Require U.S. Employers To Revise Procedures for Acquiring and Using Medical Information – from Employment Law Watch
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Disability Discrimination Case Asserted By Bank Teller With Epilepsy – from Atlanta Employment Lawyer Blog
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11th Circuit Examines Religious Discrimination – from Alabama Employment Law Report
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I’ll have one more for the road – from The Word on Employment Law
Social Media & Technology
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What Can Google Books Data Search Tell Us About Employment Law Trends? – from Daniel Schwartz’s Connecticut Employment Law Blog
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How To Choose A Social Media Lawyer – from Shear on Social Media Law
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Smartphones in the enterprise: A changing landscape – from Computerworld
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Dealing with the unexpected as smartphones pervade the workplace – from Infoworld
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Cup Only Half Full for Victims of Data Security Breach – from BLEG Blog
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New York Jets’ Rex Ryan Needs to Take His Feet Out of His Mouth and Address Foot-Fetish Gate – from Shear on Social Media Law
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Online Dating, Tweets & Early Discovery – from Bow Tie Law’s Blog
Wage & Hour
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DOL’s Regulatory Agenda Shows Heavy Focus on Workplace Safety – from Washington D.C. Employment Law Update
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DOL’s Regulatory Agenda – from DOL’s Work in Progress
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Payroll Company Not an “Employer” for Wage Hour Purposes – from What’s New in Employment Law?
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OSHA Declares Texting While Driving A Workplace Hazard – from Hunton Employment & Labor Law Perspectives™
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Payroll Processor Not A Joint Employer – from The FLSA
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Trial Tactic Of Introducing Exemption Defense Disallowed: A Valuable Lesson For Employers – from Wage & Hour - Development & Highlights
HR & Employee Relations
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Bobby Petrino’s Deal Contains Only In-Term Non-Compete – from Legal Developments In Non-Competition Agreements
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Profanity as a Leadership Tool? – from Michael Haberman’s HR Observations
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Bed Bugs in the Workplace: How to Handle a Growing, Creepy HR Issue – from TLNT
Miscellanous
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NLRB Extends Right to Unionize to Group of Intermittent Employees – from Labor Relations Counsel
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The pro-business Supreme Court myth – from PointOfLaw Forum
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What to do if You’re Sued – from Matthew Gibson’s Wills and Wealth
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.