01/30/2012 - A subcontractor is responsible for the actions of an employee who accidentally ran over another worker on a job site. An appeals court found that the employee furthered the overall progress of the project and “the resulting risk of injury was inherent to the enterprise.”
01/30/2012 - A government employee may proceed with her invasion of privacy claim against her employer. The employee was filmed during a shower, and the images were posted on the computer network, available to all employees in the workplace.
01/24/2012 - Courts are struggling to apply decades-old privacy and electronic security laws to employment issues arising in the digital arena. The newest challenges involve social media and what companies can do.
12/20/2011 - A bill (H.R. 2619) introduced by Rep. Thomas Rooney (R-FL) would require the government to provide active shooter training to security personnel on military bases. The government would also have to establish policies and guidelines for better preparing law enforcement officers and others who would have to provide security in an active shooter situation, such as the one at Fort Hood in 2009.
12/20/2011 - An assistant manager’s refusal to return the calls of an employee out on medical leave is sufficient to support a case of retaliation under the Family Medical Leave Act (FMLA). In the case, an employee out on FMLA leave put in weekly calls to her assistant manager to provide an update. The manager never returned the calls and the employee was fired for not returning to work as agreed. The district court found that the failure to return calls indicated an “antagonistic attitude.”
12/14/2011 - Employees would report wrongdoing in the workplace if they could be protected from retaliation and claim a monetary reward, according to a recent survey, yet most people don't know about a government program that does just that.
11/29/2011 - An employee may not pursue his disability discrimination lawsuit against his company because he presented another person’s Social Security number as his own when he was hired. A California appeals court ruled that the company was not liable for the disability claims because the man would never have been hired had the company known he was using a stolen Social Security number.
11/19/2011 - The Washington Supreme Court has ruled that its medical marijuana law does not apply to private employers and does not protect employees from being fired for drug use. And OSHA issues a new directive on workplace violence.