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Missouri Teachers: Don’t “Friend” Your Students

A new Missouri Senate Bill is taking aim at teachers who use social networking to communicate with their students. According to MSNBC, Senate Bill 54, which goes into effect on August 28, is quickly becoming known as the “Facebook law.” Though the law primarily offers liabilities for school districts who fail to disclose suspected or […]

ADA: EEOC Sues Denny’s, United Airlines for Disability Violations

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) filed two separate lawsuits charging Denny’s Inc. and United Airlines with violations of the Americans with Disabilities Act. In one case, the EEOC alleged that Denny’s, which operates over 500 restaurants in 30 states, violated the rights of disabled workers by maintaining a maximum medical leave […]

Hawaii: House of Blues After Democrat Sweep

by David Banks, Cades Schutte LLP In Hawaii, Democrats swept their three congressional races while also returning a Democrat to the gubernatorial seat. Neil Abercrombie, the 10-term U.S. representative for the state’s First Congressional District, replaced two-term Republican Governor Linda Lingle. Not only did Abercrombie beat out Lieutenant Governor James “Duke” Aiona for the state’s […]

Wal-Mart gets its first union contract

by Brian P. Smeenk Wal-Mart, which has until now apparently been union-free, has had a union contract imposed on it in Quebec. The contract covers an auto center, Tire & Lube Express, which is part of a store in Gatineau, near the Ontario border. The small group of about eight employees apparently received union certification […]

Praying in the Workplace

A recent case from the federal trial court in Gulfport, Mississippi, dealt with a certified nursing assistant (CNA) who claimed she was discriminated against based on religion. She alleged that she was subjected to a hostile work environment and fired for reporting religious harassment. The court discussed some interesting points in its decision. Facts Shira […]

Rules Attempt to Streamline ACA Benefits Summary

Proposed changes to the Summary of Benefits and Coverage rules under health care reform include additions and subtractions to the SBC template, as well as clarifications on how plan sponsors and insurers may apportion the responsibility to furnish the SBC to participants. A third example would be added to the cost-sharing examples required in the […]

Retaliation Claims: Court OKs Lawsuit By Fired Employee Who Complained About Health And Safety Problems; How To Avoid This Fast-Growing Employer Risk

Most employers understand, in principle, that it’s illegal to retaliate against a worker who in good faith complains about an unsafe or illegal condition at work. In practice, however, retaliation cases are rarely black and white. Frequently, problems arise when an already difficult employee begins griping about something you feel is irrelevant or unimportant-and the […]

When Can New Workers Recover for Psychiatric Injuries?

When a worker sustains an injury at work, it’s not always just the body that gets hurt—you may also be facing a claim for psychiatric injury. Today and tomorrow, we’ll look at a new case that helps clarify exactly when you may be liable for these sorts of injuries for new workers.

Supreme Court Holds Two-Member NLRB Lacked Quorum, Authority

This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed. In addition […]