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Bans on hiring smokers spread, but not in Minnesota

  Very interesting article in today’s New York Times about hospitals and other medical businesses adopting policies that prohibit the hiring of smokers in an effort to increase worker productivity, reduce health care costs and encourage healthier living. Even some anti-tobacco groups are uncomfortable with the policies, however.  One professor is quoted in the article as saying: [...]

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NLRB settles Facebook case: no clarity for now

  It looks like the National Labor Relations Board will not weigh in on the use of Facebook in the workplace anytime soon. I wrote here about the Complaint brought by the NLRB against a Connecticut ambulance company that fired an employee after she criticized her supervisor on Facebook.  The NLRB announced yesterday that it [...]

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Dealing with employees who have alcohol or drug issues

  Employees who have drug or alcohol issues provide employers with some of their trickiest HR problems.  Attorney Carmen Couden of Foley & Lardner in Milwaukee has published a very helpful article  on dealing with such employees.  Among her recommendations:    1) Establish a policy that provides for severe consequences for employees who report to work under the [...]

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More on posting to Facebook as protected activity

  I previously wrote here about the NLRB’s claim that an employee was unlawfully fired for criticizing his boss on Facebook.  Now, the Wall Street Journal has a very good article discussing that case and others involving social media in the employment context.

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EEOC slaps Supervalu over firing of injured employees

  Supervalu Inc. has agreed to pay $3.2 million to 110 workers to resolve allegations it systematically terminated disabled employees at Chicago supermarkets, one of the largest such settlements under the Americans With Disabilities Act. A federal judge in Chicago signed a consent decree this week resolving a 2009 class-action suit the Equal Employment Opportunity [...]

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Employers: Be cautious about the use of credit checks

  I have written about the use of background checks in general, and credit reports in particular, several times before, including here, here and here.   Now there is word that the University of Miami Medical School is facing a class action lawsuit over its use of credit reports to disqualify job applicants. The plaintiff in [...]

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Indemnifying Errant Employees

  Today’s New York Times carries a very interesting column by Steven M. Davidoff, a professor at the University of Connecticut School of Law, on the contrast between how publicly-held and privately-held companies treat requests for indemnification from errant executives. Indemnification requires an employer to pay any damages awarded against an executive (and usually cover [...]

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Are an employee’s disparaging Facebook posts protected?

  A Complaint filed by the National Labor Relations Board in Connecticut has been receiving a lot of attention in the news this week, but it is important to view it in context. Overview: The complaint alleges that an ambulance service, American Medical Response of Connecticut, Inc.,  (1) illegally denied union representation to an employee [...]

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Tips on managing electronic data and avoiding spoliation claims

  I just read a terrific article on document preservation obligations and spoliation of evidence claims by Emily Duke and Cynthia Moyer of the Fredrikson & Byron law firm in the Summer 2010 ABA Section of Litigation, Committee of Pretrial Practice & Discovery publication.  The article, which I haven’t been able to find 0n-line, contains lots of good tips for [...]

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Testing for Legal Drugs

  Very interesting article in today’s NY Times about the struggle to find a balance between an employer’s duty to keep its workplaces safe and an employee’s right to privacy in the context of testing employees for the presence of certain prescription.  One company in Tennessee has been sued by three different employees who were [...]

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