Employers utilizing background-screening services in their hiring practice must adhere to consent and notice procedures prescribed by the Fair Credit Reporting Act (FCRA). Before an applicant may be denied employment based on the findings of a background screening the employer must provide proper notice of the intent to search and obtain a written consent by … Continue reading
Employees need not make an express concern for the environment or public health when engaging in protected whistleblower activity under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Toxic Substances Control Act (TSCA). An employee was terminated allegedly in violation of protected whistleblower activity under CERCLA and TSCA, as a result of the … Continue reading
An insurance administrator acts arbitrarily and capriciously in violation of the Employment Insurance Retirement Security Act (ERISA)when he refuses to consider whether an employee’s risk of relapse into substance dependence swells to the level of a disability. An employer’s insurance company discontinued an employee’s disability benefits after she checked out of a rehabilitation facility where … Continue reading
A social media policy constitutes an unfair labor practice where it restricts protected speech by broadly prohibiting “negative” employee speech online, restricts employee speech online during work hours (without indicating that protected speech could be exercised during breaks), and requires preclearance before employees could speak publicly or to government officials. The employer’s social media policy … Continue reading
Government employees who serve in policymaking positions requiring political allegiance may be fired for their political affiliation. The plaintiff, who was Commissioner of Streets and Alleys for the defendant, was demoted from his position after several aldermen refused to ratify his appointment to a new department based on his failure to support their ally’s political … Continue reading
Employers who refuse to furnish a Union with certain information that is necessary and relevant to the Union’s role as the exclusive collective-bargaining representative of the unit employees violate their duty to bargain collectively and in good faith with the Union. An employer must grant a Union’s written request for addresses, phone numbers and work … Continue reading
by Ryan Hatley “Do you like girls?” This was the question that potential National Football League (NFL) draft pick and Colorado tight end Nick Kasa was allegedly asked at the NFL Scouting Combine in February. After Kasa said he was asked about his sexual orientation, at least two other draft prospects came forward and … Continue reading
by Jay Shannon, 2013-2014 Co-Editor-in-Chief The Supreme Court’s recent foray into the rights of gays and lesbians under the U.S. Constitution has catapulted the issue to the forefront of legal discussion. Noticeably absent in many publicized conversations is the impact of existing law on our current labor market in the United States. The Court’s rulings … Continue reading
Employers cannot retaliate or discriminate against an employee who has filed a complaint with the Occupational Safety and Health Administration (OSHA) under the Federal Rail Safety Act of 1982 (FRSA). Laura Vernace filed a complaint with OSHA alleging that the Port Authority Trans-Hudson Corporation (PATH), her employer, retaliated against her by intimidating and threatening her … Continue reading
We are pleased to post these fantastic articles from our forthcoming book 3.1, which will be published to our Digital Commons site in the coming days. Read, enjoy, and make sure to check back soon for a link to the full book. Cultural Cognition Insights Into Judicial Decisionmaking In Employee Benefits Cases, by Paul M. … Continue reading
