6 Years, 1800 Posts and How the World Has Changed- July 16, 2008 Not a lot has changed with Jottings By An Employer's Lawyer since my first post 6 years ago today. 1,800 posts later, I still post on blogspot, I still use the free version of blogger, and I still use an outmoded and limited version of blogroll. But one thing that has definitely changed are the people who have joined me in this small, but hopefully interesting part of the blogosphere. Listed below are the blogs in the area that have made their way to my RSS reader. I have listed their first...http://employerslawyer.blogspot.com/2008/07/6-years-1800-posts-and-how-world-has.html FMLA Coverage by Estoppel - Via State Law Claims- July 16, 2008 I have posted before about the dangers of creating coverage by estoppel relying in part on the Supreme Court decision in Arbaugh v. Y & H Corp. See The Progeny of Arbaugh and Danger for the Small Employer.Without mentioning Arbaugh, the 7th Circuit points out that there are state court theories that could result in coverage under the FMLA. In its handbook, and repeated in its letters to an employee who requested FMLA leave, the employer used the following language about eligibility: To..http://employerslawyer.blogspot.com/2008/07/fmla-coverage-by-estoppel-via-state-law.html Retaliation, Whistleblowing and Preemption - The Texas Supreme Court Chooses- July 11, 2008 Although the specific result is that the employee loses, today's Texas Supreme Court's opinion in City of Waco v. Lopez (Tx 7.11.08) (pdf) has something for both sides of the docket. The factual pattern is straight forward. Lopez, a city employee filed an internal grievance complaining a transfer was because of his age and race. He was moved back to his original position, but fired a few month later, allegedly for another offense.Instead of pursuing a retaliation claim under the Texas...http://employerslawyer.blogspot.com/2008/07/retaliation-whistleblowing-and.html The (Not Very Well) Hidden Cost of Litigation- July 11, 2008 There is nothing so confirming as seeing someone else quoted in print making a point that you yourself have made. Even better when that person is well known. So I was pleased to find this quote from Stanley Chesley in a Law Practice Management article, Ohio Law Firm Switches to Success-Fee Billing. Chesley formerly a plaintiffs' lawyer has been actively involved in some of the largest mass tort claims and settlements, including both breast implants, tobacco and phen-phen (the latter has...http://employerslawyer.blogspot.com/2008/07/not-very-well-hidden-cost-of-litigation.html What's the Real Story on E-Verify- July 10, 2008 Given that we seem to be heading towards greater use, both by executive order that all government contractors use it, and various state statutes mandating it, it is an important question. I was curious to see this post at the NAM's blog challenging some of the promotion of E-Verify by Secretary Chertoff, see E-Verify, E-gads. I also listened to the podcast from Cato Institute,also raising concerns about the program's efficacy. Both NAM and Cato are for the most part allies with the Bush...http://employerslawyer.blogspot.com/2008/07/whats-real-story-on-e-verify.html Denver MDV Award - a "Termination Plus" Plaintiff- July 8, 2008 I nicked the phrase "termination plus" from Jeff Londa, one of my fellow shareholders, to refer to a plaintiff that presents more than the usual amount of danger because of additional circumstances. The lead to the story in The Rocky Mountain News, Jury awards $1.4 million to whistle blower, presents a perfect example: Sandra Simmons will never forget the moment General Steel fired her. She was driving to the intensive care unit to see her younger sister, who was dying of kidney and liver...http://employerslawyer.blogspot.com/2008/07/denver-mdv-award-termination-plus.html A Declaration of Independence but the World Grows Smaller- July 4, 2008 I think Daniel Schwartz at The Connecticut Employment Law Blog has the right approach in his post, Happy July 4th.But even though this is not one of those holidays that has any particular employment law tie or angle, I couldn't help think about the full circle type connection between the independence from European influences that we celebrate today and the announcement earlier this week of The First Global Union, as reported by Jeffrey Hirsch at Workplace Prof Blog.Workers Uniting, a...http://employerslawyer.blogspot.com/2008/07/declaration-of-independence-but-world.html Keeping Data Submitted to EEOC Confidential - Easier Now- July 2, 2008 One of the worries about submitting information to agencies investigating workplace issues is the risk that it will be released to an employer's detriment. While the worry is real, the ability to get much judicial guidance is limited as it takes a unique set of circumstances for it to happen.But happen it did and earlier this week the D.C. Circuit addressed the issue. The opening paragraph outlined the unusual circumstances, and its holding:Seven years ago, Venetian Casino Resort, LLC repaired..http://employerslawyer.blogspot.com/2008/07/keeping-data-submitted-to-eeoc.html |