Friday, December 5, 2008


Or what I’ve been reading for the last two weeks, thanks to last week’s Thanksgiving hiatus.

According to Roger Matus’ Death by Email, there are 10 things you should never put in an email, for fear they will come back to haunt you in litigation. For example, “10. Is this actually legal.” Click on over for the entire list.

The Labor & Employment Law Blog provides a thorough summary of the Employee Free Choice Act and its dangers, and lists some basic union avoidance tips companies can use to prepare for the prospect of card check union recognition. In other EFCA news, EFCA Updates suggests that President Obama might consider facing down the unions on the EFCA in light of our current economic mess, and Point of Law gives some thoughts on the lesser publicized, but equally dangerous, mandatory arbitration provision of the EFCA.

Another popular topic is firing and layoffs. If you need them, HR World has some basic tips on how to fire employees. BLR’s HR Daily Advisor notes that with layoffs usually bring them two other dreaded l-words, litigation and liability. By way of illustration, the Wall Street Journal Law Blog has an interesting post on laid off law firm associates turning to the courts for help. Finally, for those who’ve survived a layoff, George’s Employment Blawg asks the important questions – what’s your plan now to help the company thrive and survive.

Overlawyered brings the story of the Canadian Supreme Court’s ruling that an obese airline passenger has a right to two airline seats for the price of one.

The Delaware Employment Law Blog updates us on the travails of Robert Irvine, the displaced Food Network host fired earlier this year for resume fraud (see Firing of Food Network host illustrates resume fraud). It looks like all is forgiven, and he is headed back to his old show to re-take the reigns from Cleveland’s Michael Symon.

The Connecticut Employment Law Blog reports on a 2nd Circuit case discussing the meaning of “similarly situated” in discrimination cases.

The Pennsylvania Labor & Employment Blog points out an interesting anomaly about 2009 – it will have 27 bi-weekly pay periods instead of the customary 26.

Jottings by an Employer’s Lawyer reports on a $1.8M verdict awarded by a federal court jury in Pittsburgh to a women who was fired after she failed to return from her maternity leave. She received this astronomical verdict even though the company had rehired her at her former salary. In fact, she took a four day vacation from the defendant to attend the trial.

Work Matters asks if all we need is love vacations.

Corporate Voices for Working Families discusses workplace lactation programs.

What's New in Employment Law? reminds us that discrimination laws do not protect against bad managers, only decisions and actions with a discriminatory basis.

Settle It Now Negotiation Blog brings us a timely post about holiday party liability.

Human Rights in the Workplace presents six ways to avoid age discrimination liability.

Trading Secrets comments on a trade secret dispute between IBM and Apple, and the effect of the inevitable disclosure doctrine.

World of Work distinguishes between cosmetology teachers and day care teachers for purposes of overtime eligibility under the FLSA. According to the Department of Labor, the former are exempt, while the latter are non-exempt.

The Privacy Law Blog questions what privacy rights will look like in President Obama’s administration.

Workplace Prof Blog reports on an NLRB Administrative Law Judge’s finding that CNN committed “widespread and egregious misconduct” in terminating a subcontractor to avoid its employees’ labor union.