07/30/2012 - A recent court ruling found that a former Goldman Sachs employee who stole code for a proprietary internal trading system did not violate the Economic Espionage Act because the code was for an internal system.
07/30/2012 - A federal appeals court has ruled that the ADA does not protect individuals against discrimination for the use of medical marijuana. Even though medical marijuana is legal in California, it is not granted legal status under federal law and is, therefore, not covered under the ADA.
07/30/2012 - An employee with a condition causing unpredictable heart spasms may not pursue his claim of discrimination under the Americans with Disabilities Act (ADA). A federal appeals court ruled that the employee’s health condition posed a direct threat to safety because the job required him to operate heavy machinery.
07/26/2012 - Companies can reduce the likelihood of harassment lawsuits stemming from romantic workplace relationships by preventing relationships between subordinates and managers and by having employees in romantic relationships sign Love Contracts.
07/25/2012 - Anyone familiar with history knows the perils of taking too literally—or perhaps at all—Nietzsche’s concept of the Superman, but recent news about problems with U.S. Secret Service agents offers a lesson in the more mundane pitfalls of thinking there is any such thing as an Übermensch.
06/27/2012 - A California appeals court has ruled that a company can be held liable for harassing statements made by employees on a blog. Even though the blog was accessed by employees while they were off-duty, the court ruled that once the company learned of the blog, it had a duty to act to stop the harassment.
06/27/2012 - An employee of a privately held company (as opposed to a publicly held company that comes under regulatory authority of the Securities and Exchange Commission) is not covered by the whistleblower protections offered under Sarbanes-Oxley, according to a recent appellate decision. The employee is not protected even if his employer provides services to a public entity that is covered by the act.
05/29/2012 - A federal district court has ruled that a company’s attendance policy violated the Americans with Disabilities Act (ADA) because it required employees to disclose the nature of their illness when providing documentation for sick leave. Under the company’s policy, a doctor’s note had to include the illness or reason for the sick leave. The court noted that this could require employees to divulge information about a disability, a violation of the ADA.