Monday, February 18, 2013

February Employment Law Blog Carnival: Love is in the Air!

Welcome to the February 2013 Edition of the Employment Law Blog Carnival.  February is typically known for the commercial holiday of Valentine's Day so I thought I'd use a love-based theme for our not-so-loving area of practice.  Toward that end, I begin with my latest post on a Kansas Supreme Court decision finding exotic dancers at a strip club were not classified correctly as independent contractors and were in fact employees for unemployment insurance purposes:

Those dancers are employees, but nice try, "gentlemen's club" in Kansas.-Wisconsin Employment & Labor Law Blog

From Win-Win HR authored by Lorene Schaefer, Esq. comes the heart-breaking story of Greenberg Traurig being accused of cheating on the confidentiality provision in a mediation agreement.

Heather Bussing of HR Examiner invites us to look into our hearts and minds in "Rethinking Discrimination."

Sometimes staying connected is the key to finding love AND employment again, as Michael D. Haberman highlights over at HR Observations Blog.

Jesse Dill of Arnstein & Lehr's "General Counsel" blog highlights a case of emotion in Wisconsin involving a wage & hour claim that yielded a jury award of $3,648 but a demand of $120,000 in attorney's fees.

When love nets offspring, that often leads to a tricky workplace issue involving leave.  Dawn Lomer of i-Sight explores the EEOC's Updated Accommodation Requirements for Pregnant Workers.

Though it may not be a good idea to evaluate our loved ones on a piece of paper that they may discover, it is a good idea for this to be done for employers for their employees on their performance as Mark Toth over at Manpower's The Employment Blawg

When it comes to the love, care and employer penalty provisions under the Affordable Care Act, Robert Ellerbrock of Constagy, Brooks & Smith, LLP highlights the IRS' proposed regulations on the calculation and determination of such for employers to consider.

Just as trust is important in any loving relationship, so is being aware of  the U.S. Department of Health and Human Services' (HHS) new final regulations on several aspects of compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as authored by Brian Magargle, also of Constagy, Brooks & Smith, LLP.

Tips always come in handy to maintain good relationships and avoid lawsuits and CPEHR's Small Biz HR Blog ten time-keeping tips to avoid a lawsuit.

Whether it's a loved one not happy in a relationship or an employee with a qualified disability who requests an accommodation, John Holmquist over at the Michigan Employment Law Connection blog highlights the need to engage in the interactive process.

Sometimes in a break-up we give certain personal items back and sometimes when an employment relationship ends, employers give a severance agreement.  Janette Levey Frisch of The Emplawyerologist provides us with a two-part series on severance agreements here and here.

As the famous saying goes, "there's a thin line between love and hate," Tim Eavenson at Current Employment shows there's a thin line between sexual harassment that nets a $100,000 EEOC settlement and harassment that isn't actionable at all.

Whether it's a divorce or a long-term relationship that ends, sometimes people feel like they wasted months-to-years of their lives with someone.  Nilesh Patel on his blog for the Mahadev Law Group discusses the NLRB's wasted time and decisions in the aftermath of the U.S. Court of Appeals for the DC Circuit's ruling that recent Board members were appointed in an unconstitutional manner and the Board has not had a quorum to conduct any business since January 2012.

Most experts agree that communication is key to a successful relationship and Donna Ballman over at "Screw You Guys, I'm Going Home" points out that communicating salary with coworkers is lawful and your right under the NLRA (in most circumstances).

Sometimes "labels" can be confusing in relationships and the same goes for avoiding misclassifications issues under the FLSA as pointed out by Mitchel W. Quick at the HR Genius Bar blog.

The FMLA recently celebrated its 20th birthday and Jon Hyman of the Ohio Employer's Law Blog shows that his own research reveals it's not so easy for employers to adhere to and comply with the FMLA's rules and guidelines.

In some news from the north in Canada, Stuart Rudner of Canadian HR Law highlights a case where a court sided with a mother who wanted to pick her own work hours as a reasonable accommodation to care for her child.

Whether in a marriage or a regular relationship, it is important to uphold ends of an agreement and Joseph Leonoro over at Steptoe & Johnson's Employment Essentials discusses a United States Supreme Court case overruling the Oklahoma Supreme Court's decision holding that a state court could review an agreement despite an agreement in place agreeing to resolve all disputes in arbitration.

Sometimes someone in a relationship doesn't want to break up and this leads to heated, emotional arguing.  Employers who seek to avoid this often place "at-will employment" disclaimers in their handbooks and Robert B. Fitzpatrick over at Fitzpatrick on Employment Law briefly discusses a recent 4th Circuit opinion finding such a disclaimer effective.

Last, but certainly not least, recent studies and surveys show social media, especially Facebook, results in more and more divorces and break ups and the employment context is no exception as Eric B. Meyer at The Employer Handbook displays a case of a woman losing her FMLA claim over photos on her Facebook page utterly contradicting what she claimed were her serious health conditions.

I thank you all for visiting this month's edition of the Employment Law Carnival Blog and hope you all bookmark and come back soon!

No comments:

Post a Comment