Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.
On May 30, National Labor Relations Board (NLRB) General Counsel Lafe E. Solomon issued his third report summarizing seven social media and networking cases, focusing solely on the social media policies governing employees.
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In late April of 2012, the United States District Court for the Eastern District of Virginia ruled on a case involving claims of retaliation brought by two former deputies against the Sheriff of the City of Hampton, Va. (the Bland v. Roberts opinion can be found here). The deputies alleged that their First Amendment rights were violated and they were unlawfully retaliated against when they were terminated for supporting the Sheriff’s opponent in a recent election. Each former deputy claimed to have made protected “statements” on the opponent’s Facebook page.
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On April 25, 2012, the EEOC issued updated Enforcement Guidance on employers’ use of criminal background checks to screen applicants. Citing statistics showing that blanket prohibitions on hiring those with criminal records have a disproportionate impact on minorities, the EEOC expanded the circumstances where a criminal background check policy or practice may run afoul of Title VII – creating greater risk of liability for employers.
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The Court of Appeals for the DC Circuit today enjoined the NLRB from putting its controversial union rights poster rule in place on April 30, 2012. The National Association of Manufacturers (NAM) had appealed the January 2012 ruling of the district court upholding the rule. The NAM sought an emergency injunction from the Court of Appeals to delay the rule pending the outcome of the appeal. The court granted the request.
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On April 12, 2012, the California Supreme Court issued a long-awaited ruling in the class action case of Brinker Restaurant Corp. v. Superior Court . Brinker, which had been pending since 2008 and triggered more than twenty six amicus briefs from interested organizations on both sides, centered on a number of issues relating to California state requirements for non-exempt employee meal and rest breaks.
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