Tag: Jorden Burt

NLRB Backs Employee’s Right to Bad-Mouth Supervisor on Facebook

by Jonathan Sterling and James Goodfellow An employer’s blogging and social networking policy that prohibits employees from posting disparaging comments online about coworkers or their employer has been deemed unlawful by the National Labor Relations Board (NLRB). The NLRB recently issued a complaint and notice of hearing against American Medical Response of Connecticut (AMR), an […]

‘Unable to Socialize’ Doesn’t Necessarily Mean ‘Unable to Work’

by Jonathan C. Sterling If an employee whose job involves talking on the phone and using a computer states under oath that he is unable to perform those tasks because of a disability, it’s logical to assume he can’t do his job. However, as a recent federal appellate court decision demonstrates, that may not always […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

Will Gender, National Origin Make a Difference in Sotomayor’s Jurisprudence? – Part 2

by James M. Sconzo and James C. Goodfellow Last week, we disussed the overall makeup of the U.S. Supreme Court and the personal background of the High Court’s newest nominee, Sonia Sotomayor. We also looked at Judge Sotomayor’s decision in the discrimination case filed by New Haven, Connecticut, firefighters which was recently overturned by the […]

Pregnancy Complications: Disability, No; Sex Discrimination, Maybe

By John C. Pitblado By now, you know that the old “sticks and stones” schoolyard adage is way off: Words can hurt you. You may be surprised to find out how few words (in this case, a 12-word phrase in an e-mail) it takes to really hurt an employer that’s facing a discrimination claim. HR […]

New I-9 Makes Changes in Permissible Documentation

The debut of a new I-9 form brings the opportunity to review some of the basics on handling the document, which has been around since the 1980s. The new form now conforms with regulations issued in 1997 (yes, you’re reading that correctly) and alters the list of documents employees may use to establish their eligibility […]