Clients often ask me whether they can recover their attorney’s fees associated with resolving a dispute. I hear this question both from clients that are trying to pursue a claim and from clients that are defending against a claim that has been made against them. The American Rule is that each party to a dispute […]
Family and Medical Leave Act Turns 20
The Family and Medical Leave Act was enacted 20 years ago, in February 1993. Despite its age, it is still a controversial law – with some folks still hoping to abolish it, some folks still trying to expand its reach, and courts still disagreeing over how to interpret some of its provisions.
Court Ruling Raises More Questions About NLRB’s Recent Social Media Decisions
I have discussed the National Labor Relations Board’s recent social media decisions here and here. To summarize, in the past year or so the NLRB has made it very clear that, in its view, all employees (union or not) have a right to discuss the terms and conditions of their employment on social media sites […]
National Labor Relations Board Issues First Decision Finding Company’s Social Media Policy Violates National Labor Relations Act
As I have discussed here, the National Labor Relations Board (“NLRB”) has recently turned its attention to companies’ social media policies. Under Section 7 of the National Labor Relations Act, all employers, including those that have no union, are prohibited from interfering with employees’ rights to discuss their terms and conditions of employment amongst themselves. […]
EEOC Announces New Strategic Plan
The Equal Employment Opportunity Commission (“EEOC”) has issued a draft of its new 4-year strategic plan that is scheduled to take effect on October 1, 2012. While the strategic plan doesn’t tell us exactly which cases the EEOC will find most important (and specific facts will generally determine the likelihood of the EEOC investigating a […]
11th Circuit Court of Appeals Holds that a Cause of Action Exists for Retaliatory Hostile Work Environment
The U.S. 11th Circuit Court of Appeals (one of 11 courts that are one step below the U.S. Supreme Court) has concluded that an employee can pursue a claim where the employee was retaliated against by being required to work in a hostile environment. This ruling has the effect of creating a new cause of […]
