Vehicle Tracking Surveillance
December 21, 2007
In our era of fast-paced technological development, you may know that a GPS-enabled cell phone could allow you to trace your teenager's steps, but did you know that you could track your schnauzer through his GPS-enabled dog collar? Inventive product designers are finding new ways for us to enjoy the government-run Global Positioning System all the time.
The Proposed APA Guidelines for Child Custody Evaluations
November 27, 2007
The American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. Herein is a critique of the new guidelines from an attorney's point of view.
Older Workers Benefits Protection Act
November 27, 2007
In order to discourage and, possibly, sanction an employee for bringing a suit, even where he or she has signed a release, employers have historically added to the release agreement a covenant not to sue. That covenant usually includes a promise that the employee will not sue, and that, if the employee does file suit, he or she must pay the employer's defense costs in addition to his or her own attorneys' fees and costs. Recent cases have called into question the viability, utility, and even the lawfulness of covenants not to sue, such that employers may well decide to forego them when drafting releases of age discrimination claims.
D.C. Court Rules Overbroad Workplace Policies Unlawful
November 27, 2007
In two recent decisions, the District of Columbia United States Court of Appeals has ruled overbroad workplace policies unlawful, even when those policies did not expressly prohibit protected workplace discussions about terms and conditions of employment, and even when there was no evidence that the policies had been enforced to punish protected workplace discussions. This article discusses these decisions, and their implications for employers that have adopted, or are contemplating adoption of, workplace policies that might be deemed overbroad.
Voluntary Versus Mandatory Wellness Programs
November 27, 2007
Last month, we discussed voluntary and incentive-based wellness programs, which are usually offered to employees on a voluntary basis, with various incentives often added to foster continued participation. We went on to discuss mandatory programs, which a minority of employers provide to encourage employees to get healthier by providing extensive health care services ' but that also require certain conduct, such as giving up alcohol and tobacco. This month, we continue with an in-depth discussion of the risks associated with mandatory programs.
No-Match Letters: An Update
November 27, 2007
A hearing on whether to continue the temporary injunction of the Department of Homeland Security's new regulation regarding Social Security No-Match letters took place on Monday, Oct. 1, 2007 in San Francisco federal court. Judge Charles R. Breyer made his final ruling and issued a preliminary injunction preventing the government from enforcing the No-Match regulation. Following is an update.
Claims of Harassment
November 27, 2007
Recent court decisions highlight the importance of continuing to be vigilant in monitoring and preventing harassment in the workplace. For example, most employers and labor and employment lawyers are aware that harassing conduct by supervisors will result in strict liability being attached to the employer. It appears clear, however, that courts are increasingly willing to impose strict liability for harassing conduct carried out not only by the highest supervisors, but by lower-level managers as well.
Transgender Employees
October 30, 2007
Part one of this article explained the terminology and discussed some of the challenges employers face in treating transgender employees in a nondiscriminatory manner. Part Two continues the discussion.
Voluntary Versus Mandatory Wellness Programs
October 30, 2007
With the understanding that preventable illnesses means preventable costs, many employers have instituted programs aimed at improving employees' overall physical and mental health. These strategies are commonly referred to as 'wellness programs.' This article examines the types of wellness programs that have been used with increasing frequency, as well as the benefits and risks associated with those programs.
Florida's New Domestic Violence Leave Law
October 30, 2007
On July 1, 2007, Florida became one a handful of states that require employers to provide leave to employees to deal with domestic violence. The new law creates ' 741.313, Florida Statutes, requiring certain employers with 50 or more employees to provide leave for employees to deal with domestic violence issues.
