News & Publications

EEOC Form Commission to Study Social Media in Workplace

By: Joseph A. White We’ve written extensively about the interplay between social media and litigation. This spring, the EEOC formed a Social Media Commission to study the use of social media in the workplace and the anti-discrimination laws the EEOC enforces. The Commission convened a panel of expert who focused on three topics at a […]
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As Congress Weighs Data Security Legislation, Retailers Weigh In

By Joseph A. White Following well-publicized and costly data breaches at big box retailers Target and Neiman Marcus, Congress has begun debating possible legislation aimed at creating uniform federal data security standards. Now, the National Retail Federation—the trade association that represents big box retailers like Target and Neiman Marcus—has joined the debate. On March 5, […]
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Employers Must Be Able To Verify Receipt Of FMLA Notices

By Joseph A. White What’s the right way for an employer to send an FMLA notice to an employee? Email?Mail?As two recent decisions suggest, whatever method an employer chooses, it must be able to confirm the employee’s receipt of the notice, lest a fact issue arise which exposes the employer to liability. Most recently, in […]
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Ebola And The Work Place

By David S. Fried The World Health Organization has declared Ebola a public health emergency. Fears of an Ebola epidemic in the U.S. are rising. Stories and speculation are everyday fodderfor the internet and media outlets. To what extent the worst may be realized, time will tell. But how do the legitimate concerns of infection […]
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SCOTUS Resolves Circuit Split Regarding Free Speech Rights of Public Employees

Last month, the U.S. Supreme Court held that the First Amendment protects public employees who give truthful testimony under subpoena, overruling an erroneous Eleventh Circuit opinion that held to the contrary and created a split among the federal circuits. Lane v. Franks, 134 S.Ct. 2369 (2014). At issue was whether the employee’s truthful testimony qualified […]
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Employee’s Lies About Facebook Posts Justify Her Termination

By Joseph A. White A topic we’ve given a lot of attention in recent months is the use of social media in litigation—usually to a litigant’s disadvantage. Keeping with that theme, the Seventh Circuit recently held that an employer properly terminated an employee for lying about certain work-related Facebook posts. Debord v. Mercy Health Sys. […]
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