Should you Text your Employees When You Know they are Driving ?

A decision by the appellate division of the New Jersey Superior Court earlier this week suggests that the answer is probably: NO!! In a case arising from an auto accident caused by a texting teenager, where the victims sought to hold the teen who sent the text to the driver liable, the Court held that:… Continue reading Should you Text your Employees When You Know they are Driving ?

Does your Company use Video Surveillance Cameras?

If so, let the EEOC’s lawsuit against Davis Typewriter Company be a lesson on what not to do (or let your employees do) with your company’s security cameras. Using the EEOC’s own language, your company is likely to be sued for sexual harassment if one of your managers uses “Security Cameras to Ogle Female Subordinate’s Breasts.”… Continue reading Does your Company use Video Surveillance Cameras?

NLRB Ok’s Firing of Employee at Portland Manufacturer of Raw Gluten-Free Artisan Crackers

No, it is not an episode of Portlandia.  It is a case decided by the NLRB.  In the case, the Portland Industrial Workers of the World General Membership Branch (aka the Wobblies) alleged that the employer, Livin’ Spoonful, Inc., terminated one of its employees (a member of the union) because he engaged in concerted activities. … Continue reading NLRB Ok’s Firing of Employee at Portland Manufacturer of Raw Gluten-Free Artisan Crackers

Employee Who is Unable to Work May be a Qualified Individual under the ADA

To state case under the ADA, an employee must establish, among other things, that they are an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.  It would be logical to conclude that an employee who applies for permanent… Continue reading Employee Who is Unable to Work May be a Qualified Individual under the ADA

Non-Compete Litigation On the Upswing

The Wall Street Journal had an interesting article earlier this month about the increase in litigation to enforce non-competition agreements and the impact of such agreements (and the threat of litigation) on entrepreneurship.   The article cited research showing that the number of published U.S. court decisions involving noncompete agreements rose 61% since 2002, and noted that the… Continue reading Non-Compete Litigation On the Upswing

Comments Period Opens for City of Portland Sick Leave Administrative Rules

On August 15, 2013, the City of Portland issued proposed Administrative Rules for the City of Portland Sick Leave Ordinance.  The proposed Rules include expanded definitions of: eligibility and employer coverage; accrual and carry-over; qualifying absences; pay for sick leave; employee notice and documentation; and retaliation.  The Rules also propose some additional obligations for employers… Continue reading Comments Period Opens for City of Portland Sick Leave Administrative Rules

Patently Offensive Racist Speech at Pizza Supplies Distributer Draws EEOC Lawsuit

Today, the EEOC reported a new case filed against a Chicago distributor of meat and cheese to pizza parlors and Italian restaurants. According to the EEOC, racial slurs were used by both black and white supervisors to scold black employees and offensive racial banter was routinely tolerated by management.  The EEOC’s complaint also alleged that despite repeated… Continue reading Patently Offensive Racist Speech at Pizza Supplies Distributer Draws EEOC Lawsuit

It really does not matter what your Independent Contractor Agreement Says

Once again, the Oregon Court of Appeals reminds us that when it comes to whether an individual is an employee or an independent contractor, the test is “fact specific” and not dependent upon the terms of an employment contract.   You can call your agreement an Independent Contractor Agreement, and recite that the individual is free from… Continue reading It really does not matter what your Independent Contractor Agreement Says