April 2012

Today marks a new day for the National Labor Relations Board, as significant changes to its election procedures officially take effect.   All NLRB election petitions filed starting today will be subject to these new rules.

The most significant changes concern the role of a pre-election hearing.   Up until now, a pre-election hearing was an opportunity

Managing an employee on leave for a disability under the Americans with Disabilities Act (ADA)  can be challenging.  It becomes even more frustrating when the employee fails to respond to an employer’s request for information about the employee’s condition and status.  But employers are not entirely without recourse.  Courts have consistently found that employees who

While most employers are familiar with Title I of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in employment against those with disabilities, many are less familiar with Title II of the ADA which requires that places of public accommodation and commercial facilities be designed, constructed or altered so that they are accessible to

Here are the facts: An employer suspected an employee of fraudulent misuse of FMLA leave.  It hired a private investigator to watch the employee over a six-day period when the employee was taking FMLA leave for severe back pain.  The investigator reported that the employee went hunting several times – one time for ten hours. 

BREAKING NEWS!

The United States District Court for the District of South Carolina just struck down the NLRB poster requirement set to go into effect on April 30, 2012.  Contrary to the District Court for the District of Columbia ruling, the federal court in South Carolina found that the NLRB exceeded its authority in promulgating

MYOB about my Facebook Page!!  That is what the Maryland General Assembly said when it recently passed legislation barring employers from requiring employees or applicants to turn over passwords needed to access social media and other private websites.  Governor Martin O’Malley is expected to sign the bill, which will take effect on October 1, 2012.