Employment Law

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Q. We suspect someone is conducting inappropriate business using their work email. Is it illegal for us to monitor their email without their consent?
Employees who claim they were fired for seeking workers’ comp benefits are entitled to a jury trial. That can result in big damages, as juries are notoriously prone to making employers pay.
Good news for employers that are sued by pro se litigants—employees who act as their own lawyers. Courts really don’t want to waste time on cases that no attorney has seen fit to take on. However, they also don’t want to let lack of legal representation sink an otherwise solid claim.
The House of Representatives has approved legislation exempting some military-connected and emergency-services workers from counting toward the employee thresholds that trigger the play-or-pay mandate that forms the backbone of the Affordable Care Act.
The Minnesota Supreme Court has overturned 20 years of precedent, ruling that some whistle-blower cases may be filed up to six years following an employer’s discriminatory act.
A federal court has dismissed a former employee’s claim under the Electronics Communication Privacy Act alleging that his employer illegally destroyed valuable information when it remotely wiped clean his iPhone after he resigned. That’s good news for IT departments that must protect company information that might be stored on former employees’ smartphones.
The National Labor Relations Board has issued three far-reaching decisions that change long-standing practices under the National Labor Relations Act. All reflect a disquieting connection between modern communications and old-fashioned labor relations.
A public school teacher who files an internal appeal over her pay or classification has three years after the final decision to file a lawsuit.

It can be frustrating to have to defend your organization against what you consider frivolous claims. Unfortunately, that’s just another cost of doing business. As the following case shows, even when you win the case and thought it should never have been filed, you probably won’t persuade a court to penalize the employee by having him pay your legal fees.

The EEOC has lost its bid for a preliminary injunction that would have prevented a major employer from withholding funds from the Health Savings Accounts of employees who refused to participate in a wellness program.