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January 2011 Archives

Dick's Sporting Goods Settles Class Action Wage and Hour Lawsuits

Dick's Sporting Goods Inc was sued by employees who claimed that the company violated wage and hour laws on a large scale. The company recently settled multiple wage and hour class action lawsuits brought against it and five individuals, including the lawsuit Tamara Barrus et al v. Dick's Sporting Goods and 22 related lawsuits. The retailer is the largest publicly traded sporting goods store in the U.S. and agreed to pay up to $15 million to settle the lawsuits.

Social Media Can Pose Problems for Employers, Employees: Part 3

The previous two posts discussed how more and more employment law cases going before the courts involve social media. This week, an NLRB judge is set to hear the NLRB's first complaint involving social media. As an increasing amount of these complaints go before judges, more case law will be established in this relatively new area of law. For now, employers are treading tricky ground when they follow their employees into social media spaces.

Social Media Can Pose Problems for Employers, Employees: Part 2

The previous post began to discuss the increasing problems involving the intersection of social media and the workplace. An interesting article by Jeanette Borzo recently published by The Wall Street Journal examines some of the specific cases involving employers, employees and social media. As more employment law cases involving social media make their way through the courts, case law will begin to be established around the issues.

Social Media Can Pose Problems for Employers, Employees: Part 1

As more and more people and companies join social media networks like Facebook and Twitter, the lines between personal life and work life can quickly blur into each other. The type of information people might innocently include on their Facebook profiles is often the exact kind of legally protected information that a potential employer cannot ask about or a current employer need not know, such as religious and political beliefs, race or age, or pregnancy or plans for family.

HP to Investigate Hurd's Resignation, Severance Package

An investigation has begun to look into the circumstances surrounding Mark Hurd's departure from Hewlett-Packard Co. Hurd was forced out as CEO of the company over allegations of sexual harassment and inaccurate expense reports. HP filed papers in federal court in San Jose, California, regarding the investigation on January 14.

CA Appeals Court Rules Work Emails to Attorney Not Privileged

Employees should not assume privacy when they send written communications through electronic devices owned by their employer. A recent decision by the Third District Court of Appeal in California ruled that employees' e-mails sent to an attorney may not even be privileged.

EEOC Says Workplace Discrimination Claims Up in 2010

The U.S. Equal Employment Opportunity Commission announced on Tuesday that more discrimination claims were filed with the agency in 2010 than in any other year. According to an article in Business Insurance, there were 99,922 discrimination claims filed about private-sector jobs in 2010. The record amount of claims was 7.1 percent higher than 2009.

Calif. Lawmaker Introduces Bill to Cap All Public Pensions

A California lawmaker has introduced a bill into the state legislature that would require all public pensions to be calculated using the IRS cap for employees who join the retirement system after 2012. According to The San Francisco Chronicle, the San Mateo Democratic lawmaker, Assemblyman Jerry Hill, introduced the bill after controversy erupted surrounding a request by 36 UC executives for increases in their pensions. The UC executives threatened to sue the public university if UC did not re-calculate their pensions without the IRS cap.

UC Executives Threaten Lawsuit Unless Pensions Increased

Last week, 36 executives employed by University of California threatened to sue UC unless their employer increased their pensions. According to The Mercury News, on Thursday, UC President Mark Yudof and regents Chairman Russell Gould issued a joint statement on that matter, saying that UC is not obligated to raise the pensions. UC now has attorneys on their side in case of a lawsuit.