Employment Law

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The EEOC numbers announced this month show that America’s ongoing economic struggles are continuing to fuel the job discrimination fire in 2011. Employees filed 99,947 charges of job discrimination with the EEOC in fiscal year 2011. That’s the highest number of job bias complaints filed by employees in the EEOC’s 46-year history.

The National Labor Relations Board has been taking a close look at how em­ployers react when they don’t like what their employees post on Facebook. Sur­­prisingly, employers have won several of those cases.
Hard times have forced older workers to try the intern option. Fearing that employers shun applicants with long, unexplained career gaps, ambitious but unemployed people are opting for unpaid internships. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.
With the Occupy Wall Street protests spreading to dozens of U.S. cities, you may be faced with workers who join in such activities, whether in person or via social media. How should you respond?

We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.

Q. We’ve heard about the National Labor Relations Board’s focus on an employee’s right to post critical work-related comments on Facebook. However, we also heard that the NLRB has started to limit its view on whether such comments are protected concerted activity. What’s going on? 
Last year, Electrolux agreed to adjust its break schedule to accommodate Muslim employees working the evening shift at its St. Cloud plant. The EEOC mediated last year’s agreement in a process that was hailed as a model of cooperation between the employer, employees and the federal government. Problem solved, right? Not so fast.
Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?
For 15 years, Silvia Angelico Nieto served faithfully as a vice president and relationship manager in Northern Trust N.A.’s international private banking division. Or so the Miami bank thought. Turns out, she spent at least part of that time misdirecting more than $4 million dollars into her own personal bank accounts.
OSHA has cited MM Industries’ factory in Salem for 38 serious safety and health violations. The company manufactures air filtration products at the plant. Safety violations ran the gamut, from not knowing how much weight a floor could bear to failing to install emergency lighting.