The Majority Opinion: Legal Blog

This has been another short week for me in the office, so this is a somewhat abbreviated post.  Come next week when things get back to normal, I will get back into the routine of posting more frequent updates.  In the meantime, I wanted to highlight a few articles that I enjoyed reading recently. As always, below are a few articles that caught my eye this week. How Employers Can Adopt a Strategy to Fight Unions Jon Hyman covers a wide range of labor and employment updates like I do.  Every so often, he has a labor law related post that catches my eye.  This particular article addresses how employers can adopt a strategy to fight unions.  In particular, Jon proposes a "TEAM" approach in which employers can use a game plan to fight unions and lays out a relatively straight forward approach for how employers can implement the game plan.  While this "TEAM" approach might not apply in all situations, it is a good starting point for employers to consider.

A few months ago, I wrote an article on the new law passed in California (AB 1522, the Healthy Workplaces, Healthy Families Act of 2014) which will impact California employers and employees.  ( Paid Sick Leave and Paid Time Off Blog ).  With the passage of that new law, many employers and employees are stuck trying to figure out when paid sick leave and paid time off can actually be used. Recently, California published a FAQ section on its website to address a few of the questions that have cropped up surrounding the law set to take effect July 1, 2015.  While some of the questions and answers are somewhat commonsense, I believe it does a good job pointing out a few of the finer points of the new law.  Employers and employees would both be wise to review the FAQ section and familiarize themselves with the new law. The FAQ section can be found here:  http://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm

Shorter week in the office for me and I would not expect many readers to be checking for updates later this week.  Sooo, with that being said, I wanted to point out a few articles that I think readers would enjoy before everyone takes off for the break. As always, below are a few articles that caught my eye this week. Sexual Harassment Investigations - A Few Suggested Guidelines Jami Suver has a good article on sexual harassment investigations in the workplace.  Many employers, once notified of a sexual harassment issue, take steps to investigate the matter.  This article has a few good pointers and suggestions on guidelines that an employer could follow when conducting the investigation.   Employee Personal Information Hacked? Be Proactive Last month, many of you are aware of the hack at Sony that involved the reveal of personal e-mails, screenplays, and several movies (including, of course, The Interview, a movie which has been scrapped for the time being).  Josh S

For those employers in California, come January 1, 2015, the State is requiring that employers take two steps in preparation for the new paid sick leave laws becoming effective:  1) Employers are required to hang a poster in the workplace that explains the new paid sick leave laws and 2) Provide employees with a Notice that lists information about employee's paid sick leave.  For those that need a refresher, the new laws provide California employees with up to three days of paid sick leave beginning July 1, 2015.  As for the poster, it must be hung in a conspicuous place in the workplace for employees to see.  Employers must also start using the new Notice to employees which provides information about the employee's paid sick leave. These are just a few of the requirements that employers must follow in advance of the new sick leave laws taking effect July 1, 2015.  Employers in California would be wise to track the upcoming deadlines so as to not miss anything.  

Only a few days away from Christmas, so this seems like the perfect time to point out a few holiday themed articles that I read recently.  We have got a good mix here...everything from (paid) time off for holidays for California employees, to OSHA crowd management safety guidelines, all the way to a possible increase in pay for California employees who have to work on Thanksgiving or Christmas.  As always, below are a few articles that caught my eye this week. How California Deals With (Paid) Time Off for Holidays This is a good article from Anthony Zaller that has five notes on how (paid) time off is handled in California.  The article gets right to the point and addresses the fact that California employers are not required to provide employees time off for holidays (not with standing for religious accommodations).  There is also a good follow up at the end of the article on when employees are required to be paid when payday falls on a holiday when the business is closed. 

Robin Shea has a great article on the potential issues, liabilities, and pratfalls that can arise when a company hosts a holiday party.  It is no surprise that mixing food, liquor, music, games, etc. in the workplace is a lawsuit waiting to happen.  With that being said, if planned properly, potential risk can be minimized and inevitable lawsuits can be avoided. Robin's article dives right into to the issues and covers everything from how an employer can limit liability for drunk driving accidents after the party, to how to address the issue over the actual name of the party (ie Holiday Party v. Christmas Party), all the way to whether an employer can require employees to attend the party.   While not exhaustive, the article includes some good thoughts and strategic pointers for employers to consider.  While parties at work can be fun (I always think of some of the parties from "The Office" which looked like a good time...while other work parties in some of the

On December 8, the United States Senate confirmed Lauren McFerran as the next member of the National Labor Relations Board.  McFerran was confirmed 54 - 40, a vote along party lines.  McFerran, currently chief labor counsel to the Senate Committee on Health, Education, Labor, and Pensions will serve a 5 year term which expires on December 16, 2019. McFerran replaces Nancy Shiffer on the Board.  With the confirmation of McFerran, the Board will stay pro-union (3 - 2) without any hiccups following Shiffer's last day on December 16, 2014.  Note that this vote was able to squeaked in just before the Republicans gain control of the Senate next year.  Once that happens, it will be more difficult to get certain nominations through...this being one of them.    Additional information can be found here:  http://thehill.com/blogs/floor-action/senate/226369-senate-dems-confirm-nlrb-nominee-before-gop-take-over

Oh what a rough year for the Tampa Bay Buccaneers.  First, a former Tampa Bay cheerleader sued the team earlier this year for alleged wage and hour violations for failure to pay minimum wage.  ( Tampa Bay Cheerleader Lawsuit ).  Then, there have been the actual games this season which have bordered on embarrassing.  Now, there is an issue over the food vendors at the stadium and how they were compensated.   Late last month, a story broke in Florida about several professional sports teams (along with the Daytona 500 and the Florida state fair) using a local shelter to provide food vendors to work at games and then the food vendors subsequently gave their wages to the shelter in return for free food and a place to live.   In this instance, New Beginnings is a shelter in Florida that houses many drug and alcohol addicted residents.  The arrangement saw New Beginnings "supply" teams, such as the Tampa Bay Buccaneers, Tampa Bay Rays, and Tampa Bay Lightning, with New B

I have always enjoyed non-compete cases, articles, and blog posts.  I wrote an article on the topic a few years ago that the State Bar of Texas recognized as one of the top articles on the topic.  This week, I came across an article about a non-compete agreement that a doggy day care used.  Interesting reading, to say the least. As always, below are a few articles that caught my eye this week. A Unique Look at the Use of Background Checks This is an interesting article which talks about one individual who went through a newly developed background check that can look into an applicant's background to see if there are any red flags (ie armed robbery convictions.  More on that later).  After talking about how his background check did not bring back anything relevant, there is a note on a former Smith and Wesson Holdings chairman who was revealed to been an armed robber with an armed robbery conviction.  Once this information came to light, he resigned.  But it begs the qu

Yes indeed, Philadelphia is poised to join the list of ever expanding list of cities and states that have enacted paid sick leave laws.  Actually, let us run it back for a minute...Philadelphia has not formally passed any new laws yet.  Rather, the "Paid Sick Leave Task Force" set up by Mayor Michael Nutter, recently proposed a bill that would require employers with 15 or more workers to provide paid sick leave to qualifying employees.   Note that Mayor Nutter had previously rejected two similar bills which would have required local businesses with both 5 employees or 6 or more employees to provide workers with up to 56 hours of paid sick leave per year.  The big difference here seems to be the size of the business (in terms of employers) that would be impacted.  While a 5 or 6 employee business was too low of a threshold for the Mayor to approve, in this case, the Mayor appears to back the task force's recommendation, should it come across his desk for signature

As with several cases from around the country, I pay particular attention to a certain few and watch as the case develops at the appellate level.  This is one in particular was handed down by the United States Supreme Court earlier today. Integrity Staffing Solutions, Inc. v. Busk - United States Supreme Court Facts :  The employees at issue in this case claimed that their employer failed to compensate them for time spent in security screenings at the end of each work shift, in violation of the Fair Labor Standards Act ("FLSA").  The employees allegedly waited in line for up to twenty five minutes to be searched, with the search including the removal of employees' wallets, belts, and keys and passing through a metal detector.  The employer claimed these searches were necessary to minimize "shrinkage" and control theft of any items by employees.  The United States District Court in Nevada dismissed the lawsuit and held that the time spent in screeni

Recently, Lyft sued its former chief operating officer, Travis VanderZanden, and alleged that he took more than 98,000 confidential and sensitive documents with him when he went to work for Uber, in violation of his employment contract. Apparently, VanderZanden refused to turn over his company provided (and owned) laptop until Lyft sent a staff member to retrieve it.  As well, before VanderZanden left for Uber, he apparently synched his personal dropbox account with his Lyft laptop and made copies of 98,000 files and folders.  Lyft claims that these documents included historic and future financial information, strategic planning materials, customer lists and data, and international growth documents, among other items.    For those who do not keep up with the ride sharing companies out there, Lyft and Uber are two of the bigger and more well known companies in the industry.  Uber has come under fire lately for several business practices that have been labeled as questionable.

Shorter week for me as I have been out of the office all week on vacation and in court.  As a result, I am lighter on time than normal, so excuse the brief post. As always, below are a few articles that caught my eye this week. Service Animals in the Workplace I normally do not come across many articles on service animals in the workplace and how an employer should handle this situation.  With that being said, I came across this article and it has some good thoughts and practical pointers that I thought readers would enjoy.  In particular, note that the article advises employers on how to act when an employee and a customer require the use of a service animal in the workplace.  As well, do not forget the last part of the article which highlights the two questions that an employer can ask as to the use of service animals in the workplace. Three Things A General Counsel Should Watch Out For With a Company's Instagram Page I would suggest that any owner/executive/man

Landers v. Quality Communications, Inc. - Ninth Circuit Court of Appeals Facts :  Landers was employed by Quality Communications as a cable service installer.  He subsequently brought suit on behalf of himself and other similarly situated individuals, and alleged that Quality failed to pay him minimum wages and overtime wages in violation of the Fair Labor and Standards Act ("FLSA").  Landers alleged that Quality failed to compensate him for all of the overtime hours he worked and/or the overtime rate at which he was paid was calculated using an incorrect rate, which apparently resulted in an overtime payment that was less than what was required by the FLSA.    Quality filed a motion to dismiss the claim on the grounds that Landers failed to state a plausible claim for unpaid minimum wages.  The lower court granted the Quality's motion to dismiss the wage and hour claim.   Holding :  The Ninth Circuit affirmed the lower court's ruling and held that it is

Zetwick v. County of Yolo - United States District Court, Eastern District of California Facts :  Victoria Zetwick was a former corrections officer in Yolo County's Sheriff's Department.  During the course of her 14 years there, she alleged that her employer violated Title VII of the 1964 Civil Rights Act and subjected her to sexual harassment after he gave her at least 100 hugs and a kiss.  Zetwick claimed that the Sheriff hugged her at least 100 times in "awkward, unsolicited, and unwelcome" encounters.  As for the kiss?  The Sheriff apparently gave her a kiss half on the corner of her lips and half on her cheek. Zetwick subsequently filed a Government Claim in February 2012 and the Sheriff apparently never hugged or kissed her again.  Holding :  The District Court granted the defendants' motion for summary judgment on the grounds that Zetwick could not establish a valid sexual harassment claim.  In order to reach this conclusion, the Court pointed to t

Shorter week this week in the office, so only a few articles have been included here. Thanks again to the readers of the blog for following along.  With Thanksgiving being this week, there's less time to blog.  With that being said, I will plan on hitting the ground running next week with some good posts to close the year out. As always, below are a few articles that caught my eye this week. Immigration Laws in Light of Obama's Executive Order This blog that I read during the week is one of the top employment law blogs I check out, especially for laws as they apply to California employers and employees.  In this note, Anthony Zaller has a few thoughts on how President Obama's Executive Order on immigration coincides with immigration and labor laws on the federal and state level.  Perhaps most importantly, regardless of what the Executive Order states, employers in California still need to ensure they are recognizing California employment laws (namely, in regard

California certainly is on a roll, no?  First San Francisco and Oakland voters approve an increase in minimum wage in both cities over the coming years.  Now, we have the Retail Workers' Bill of Rights which is a comprehensive set of policies introduced as two different pieces of legislation.   The Board of Supervisors in San Francisco has tentatively (and note, unanimously) passed both pieces of proposed legislation this week.  At this point, a confirmation vote is scheduled to occur today, November 25, and if the legislation passes, it will become law within 180 days after the effective date.  It is important to highlight key pieces of both pieces of legislation, ahead of the confirmation vote.   Board of Supervisors File No. 140880:  Hours and Retention Protections for Formula Retail Employees : Applies to Formula Retail employers with 20 or more employees in San Francisco (Formula Retail are businesses with at least 20 retail sales establishments worldwide). T

Earlier this month, the EEOC filed suit against FedEx and charged that the company violated the Americans with Disabilities Act ("ADA") by discriminating against a large class of deaf and hard of hearing package handlers and job applicants for several years.  The suit came about as a result of 19 charges filed throughout the country that cited discrimination against deaf and hard of hearing employees by FedEx. The EEOC alleged in the present suit that FedEx failed to provide needed accommodations such as a sign language interpretation and closed captioned training videos during the mandatory initial tour of facilities and new-hire orientation.  FedEx also allegedly failed to provide accommodations to these employees during staff, performance, and safety meetings.  The EEOC further charged that FedEx failed to provide needed equipment substitutes and modifications for deaf and hard of hearing package handlers.   This alleged conduct, if found to be true, violated th

Richmond District Neighborhood Center and Ian Callaghan - NLRB Facts :  Ian Callaghan and Kenya Moore both worked at the Beacon Teen Center at San Francisco's George Washington High School for the 2011 - 2012 school year.  Before the start of each school year, offer letters are sent to those employees who the school wants to return.  Both Callaghan and Moore got rehire letters for the 2012 - 2013 school year.  Before doing so, they exchanged Facebook messages that included the following: "I don't want to ask permission." "Let's do some cool shit, and let them figure out the money." "Teach the kids how to grafitti up the walls." "We'll take advantage, play music loud." "Have parties all year and not get the office people involved.  just do it and pretend they are not there." "I'm outta town.  But I'll be back to raise hell wit ya." A Beacon employee sent screenshots of the conversa

Two posts in one day?   Why yes.  Have a layover in Phoenix for work and given my post earlier today on recent minimum wage increases in San Francisco am Oakland, I think this post fits right in.  Last month, the Los Angeles City Council passed the Citywide Hotel Worker Minimum Wage Ordinance which has a broad impact across the board for hotel workers, beyond just the minimum wage rate.  As a result, let me point out a few of the big parts of the Ordinance: The Ordinance applies to hotels with 150+ guest rooms within the Los Angeles city limits.  Hotels with the Airport Enterprise Hospitality Zone are included, however the Ordinance does not apply to cities like Beverly Hills, Santa Monica, West Hollywood, Glendale, Pasadena, and Long Beach. The minimum wage increase is as follows:  hotels with 300+ guest rooms must pay all employees $15.37/hour by July 1, 2015; hotels with 150+ guest rooms must pay all employees $15.37/hour by July 1, 2016.  Perhaps most importantly, ther

On election day this year, voters in San Francisco passed Proposition J and Measure FF in Oakland which will subsequently raise the minimum wage in both cities.  Under the new minimum wage rates for San Fransisco, it will increase as follows: $11.05 per hour on January 1, 2015 $12.25 per hour on May 1, 2015 $13.00 per hour on July 1, 2016 $14.00 per hour on July 1, 2017 $15.00 per hour on July 1, 2018 As for Oakland, the new minimum wage rate will increase to $12.25 per hour on March 2, 2015.  From that point on, every January 1, the minimum wage rate will increase, indexed to inflation. These are both significant minimum wage increases that passed muster with voters this election cycle.  The question becomes, will this become a pattern for other cities or states in the coming years? Additional information on San Francisco's minimum wage increase can be found here:  http://sfgsa.org/index.aspx?page=411 Additional information on Oakland's minimum wage in

I only came across a few articles this week that really jumped out at me; namely a couple that deal with new laws that will impact California and Massachusetts employers an employees over the next few months.  I always caution employers (and employees) in states with new employment laws like these to take the time to review the specifics of the law...failure to do so could open both employers and employees up for unwanted (and avoidable) exposure. As always, below are a few articles that caught my eye this week. 6 Steps California Employers Should Take in Preparation for AB 1897 This is one of the better articles I have come across in regard to the impact that AB 1897 is going to have on California employers starting January 1, 2015.  For those not familiar with AB 1897, California employers will now be on the hook when labor contractors fail to follow the law.  ( ie  a California employer has a labor contractor provide workers.  The labor contractor classifies the workers

Chadwell v. Brewer - US District Court for the Western District of Virginia Facts :  Kelly Chadwell worked as a special education teacher in Lee County, Virginia from 2003 until his termination last year.  For the last two years of his employment, Chadwell worked at Jonesville Middle School.  At the school, he had a secluded office at the end of a dead end hallway.  Chadwell shared the office with a teacher's aide, although the aide barely worked in the office.  The principal of the school suspected Chadwell was drinking on the job and got approval from the superintendent and counsel for the school district to place a video camera in Chadwell's office.  A video camera was put inside a stuffed animal and Chadwell was observed on one occasion drinking a beer at his desk.  Chadwell was confronted about the drinking and was given the choice to sign a last chance agreement (which included, in part, that Chadwell take part in alcohol rehabilitation) or be terminated.  When Ch

Note, I realize this EEOC Roundup:  October Edition blog is finally being posted nearly halfway into November.  My apologies for the delay, but work has kept me busier than normal and I have not had as much time to pull this one together. As always, there are some recent EEOC cases that jump out at me when I review recent developments on that front.  Below are a few recent EEOC cases and settlements that stand out: Wells Fargo to Pay $295,000 to Settle Alleged Retaliation Against Hispanic Employee   An EEOC investigation revealed that a Hispanic employee suffered differential treatment based on her race and national origin.  The Hispanic employee reported to the Wells Fargo Human Resources department that she was subjected to differential treatment and her supervisor told her not to speak Spanish during non-duty time.  Afterward, Wells Fargo initiated discipline and ended up terminating the employee for practices other employees regularly engaged in without discipline.  

A couple good articles this week that cover a pretty broad spectrum of employment law issues.  In particular, the note about how Illinois will soon allow employers to pay employee wages via payroll cards sounds interesting...and also like it could lead to several lawsuits. As always, below are a few articles that caught my eye this week. Illinois to Now Allow Employers to Pay Wages Via Payroll Cards Jeffrey Ruzal has a good note on the soon to be effective law that will allow Illinois employers to pay their employees by way of a payroll card.  Of course, employees must agree to be a part of this program...no employee can be forced to participate.  Jeffrey has a few thoughts and reminders for employers who decide to go down this road.  Food for thought. A California Employee is Fired/Quits - A Reminder on When the Final Paycheck is Due Earlier this year, I wrote a blog on how the final paycheck of a Texas employee is handled.  This particular article deals with when

Yes indeed, today is election day.  That means that many employees will be going to the polls before, during, and after their work day.  For those employees who want to go vote during the work day, the question arises, can they?   Well, like with any good legal question, the answer is, "It depends."  Depending upon what state you are in, employees may be entitled to paid time off to go vote.  A brief overview of which states allow for paid time off, which don't, and which states haven't specifically addressed the issue: Paid Time Off States Alaska, Arizona, California, Colorado, Hawaii, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Washington, West Virgina, and Wyoming No Paid Time Off States Alabama, Arkansas, Kentucky, Massachusetts, New Hampshire, North Dakota, and Wisconsin States That Have No Law on the Issue Connecticut, Washington D.C., Delawar

Cochran v. Schwan's Home Service, Inc. - California Court of Appeal, Second Appellate District, Division Two Facts :  The Plaintiff, Colin Cochran, sought to bring a class action against Schwan's based upon Shwan's failure to reimburse him and similarly situated employees for use of their personal cell phones for work related calls.  The Superior Court denied the motion for class certification.  In essence, the Superior Court held that individual fact issues were prevalent (so a class action on behalf of the group would not be appropriate) such as whether employees paid for the cell phone plan themselves, whether employees purchased different cell phone plans because of work phone usage, etc.   Holding :  The Court of Appeal reversed the Superior Court and held that it is irrelevant whether an employee has "unlimited minutes" or actually paid the cell phone bill by himself/herself.  The Court held that the critical issue is whether the employee was re

Yes indeed, today is Halloween.  Some consider it a scary day full of unwanted surprises, scares, and endless nightmares.  Some might say that the same can be said for every day in HR as well.  As a result, this week I have dedicated this Halloween edition of What I've Been Reading This Week to the HR readers of the blog. As always, below are a few articles that caught my eye this week. Ban the Box: The Basics The HR Bartender is always one of the resources I rely upon and check out during the week.  An article was recently posted which includes a few easy to follow infographs that breaks down the "Ban the Box" measures that have been passed around the country recently.  I have posted extensively on the topic previously, but this article streamlines things pretty well.   Managing Halloween at the Office A lot of offices are having Halloween parties this week as well as today.  Josh Sudbury has a few thoughts for those in the HR field on how to deal wit

Each state has a host of new employment and labor related laws that take effect in 2014. This series focuses on several new laws from around the country that are of particular interest.  In this instance, this note focuses on several new laws that will impact California employers. AB 1443 - Protection for Unpaid Interns In September, California enacted a new law, AB 1443, which amended California Government Code 12940 to add unpaid interns to the list of workers protected by California's anti-discrimination and anti-harassment laws.  Employers are now prohibited from discriminating based on protected characteristics in the "selection, termination, training, or other terms" of unpaid interns. The new law also prohibits harassment of unpaid interns based on protected characteristics and makes employers liable for sexual harassment of unpaid interns by non-exempt employees if the employer knew or should have known of the conduct but failed to promptly take cor

Recently, the United Steelworkers of America held its annual convention and vowed to enact certain changes in the labor structure of America.  A few are nothing out of the ordinary, such as workers should have access to neutral voting locations and workers should have a right to a representation election within 30 days of filing a petition for one.   However, the one that really jumped out at me was the goal to unseat Senator Bob Corker of Tennessee who spoke out against the UAW's presence at the Chattanooga Volkswagen plant.  For those who do not remember, earlier this year, workers at a Volkswagen plant in Cattanooga voted on whether to unionize.  ( Volkswagen Vote - Reuters Report ).  Amid the vote by the workers, Senator Corker made comments that many interpreted as influencing the vote.  Specifically, Senator Corker stated that he had "conversations" and based on those conversations was assured that should the workers vote against the UAW, Volkswagen would sub

Early last week, a former University of Houston soccer player filed a lawsuit on behalf of herself and Division I student athletes against the NCAA and all NCAA Division I member schools.  (Yes, that includes even my own alma matter...I will let you guess which one).   The plaintiff alleged that the University of Houston violated the Fair Labor Standards Act ("FLSA") as she was an uncompensated student athlete and should have been classified as a temporary employee.  Note, if she had been classified as a temporary employee, she would have been entitled to receive compensation.  In essence, the lawsuit argues that students in work study programs (such as serving as ushers at sporting events, working at the library, washing dishes at the food halls, etc.) perform non-academic functions for the benefit of the NCAA and the schools.  As a result, these work study participants meet the criteria to be classified as part time temporary employees and therefore receive compensat

I have been out of the office a few days this week in court and as a result, have had to play catchup when I am back in the office.  That has left me less time to read through my usual articles this week, but I did see a few that are worth passing along.  In particular, the article/chart that breaks down the differences between the San Francisco and California sick leave requirements is worth reading. As always, below are a few articles that caught my eye this week. Don't Have a Policy in Place? Don't Panic, But Start Drafting One Some employers do not have any policies in place.  In fact, some employers do not have enough policies in place.  This article points out a few policies that all employers should have, such as policies that address paid time off, equal opportunity, safety rules, etc.  Going a bit further, the article then suggests how employers can create new policies and the most efficient and effective ways to draft the new policies, depending upon the t

The Standard Register Co. v. Keala - US District Court for the District of Hawaii Facts :  Lynden Keala, Jaxcine Kaulili-Guzon, and Sharon Brown-Henry all worked for The Standard Register Co. and WorkflowOne LLC ("WorkflowOne").  Each of the employes signed agreements with WorkflowOne in which they agreed to 1) not disclose the confidential trade secrets of WorkflowOne; and 2) for a period of twelve months after their last date of employment with WorkflowOne, not solicit business competitive to WorkflowOne.  While Keala signed the agreement around the time he started back with WorkflowOne, both Kaulili-Guzon and Brown-Henry signed the agreements after they had been working at WorkflowOne for a period of time. After the former employees left their positions at WorkflowOne, suit was subsequently filed against the former employees as well as their current employer.  WorkflowOne based its claims on the grounds that the former employees violated the employment agreement w

As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on. Facts :  Samantha Elauf applied for a job at and Abercrombie & Fitch Kids store in 2008.  At the interview, Elauf wore a head scarf but did not specifically say that, as a Muslim, she wanted the company to give her a religious accommodation.  Nevertheless, Abercrombie denied Elauf the job on the grounds that wearing the scarf vioalted Abercrombie's "Look Policy" for its employees.  For those wondering, the "Look Policy" is Abercrombie's requirement that its employees dress in clothing that is consistent with the kinds of clothing that Abercrombie sells in its stores, identified as "a classic East Coast collegiate style of clothing."  The EEOC subsequently filed a suit on Elauf's behalf in 2009 on the grounds that Abercrombie's "Look Policy" and decisio

Ebola is all over the news.  I can't seem to turn on the t.v. or go online without seeing some news article or commentary on it.  As a result, to kick off this week's What I've Been Reading blog, I found a few good articles on how ebola can impact the workplace and what employers can do to stay on top of the issue. As always, below are a few articles that caught my eye this week. Ebola & the Workplace: Setting up a Plan Of all the articles on ebola in the workplace that I read this week, this is one of the better articles on the topic.  Wisely, the article suggests that employers remain vigilant, not panic, and come up with a plan of action to deal with potential ebola issues.  I think the key take away in this article is to have a response plan and be proactive about dealing with possible issues that can come up. Ebola Issues? Stay Calm & Work Through It Similar to the first article, this one by Howard Mavity has some good points about