Recent cases out of the Courts of Appeals for the Second and Eleventh Circuits highlight the risk employers run when monitoring or punishing employees for their social media activity. In both cases, the courts found that employers who had terminated employees based on their social media activity were subject to sanctions under federal law. In…

Preventing Future Headaches: The Importance of Written Job Descriptions Employers often underestimate the power of a well-written job description. Whether because their business is expanding too quickly or frankly, they have not thought about writing a job description, often times, written job descriptions get overlooked. But, in a recent Tenth Circuit case, a well-written job…

Employment Law Newsletter Title VII of the Civil Rights Act of 1964 protects individuals from unlawful employment practices of an employer based on that individual’s race, color, religion, sex, or national origin. In recent years, the U.S. Equal Employment Opportunity Commission (“EEOC”) has attempted to solidify its stance, that Title VII prohibits discrimination based on…

EEOC’s Proposed Revision of EEO-1 Reports to Include Pay Data On January 29, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) announced it planned on revising the Employer Information Report (EEO-1). This revision would include collecting pay data from employers, including federal contractors, with more than 100 employees. The EEOC states that the new…

The FLSA and Inclement Weather Closures for Private Businesses The Northeastern part of the United States recently experienced a blizzard, which led to many businesses closing doors and telling employees to stay home. However, for some other businesses, which chose to stay open, employees called in saying they could not make it to work. While…

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