Tag: Sara Jodka

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In the #MeToo Era, Why Retaliation is the Scariest Word for Employers

With the issue of appropriate vs. inappropriate sexual conduct continuing to be the hot button topic, it is important to understand there is another related issue that remains front and center yet it remains silent, and that issue is retaliation. In terms of workplace sexual harassment as a claim in its own right, a brief …

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What Cross-Border Employers Need to Know About Applicant/Employee Background Checks

When it comes to being a cross-border employer, there are plenty of Canadian and United States laws to consider, and some of those laws regards how to conduct proper applicant/employee background checks. This piece reviews a number of background check nuisances as they exist in the United States versus Canada including: (1) How the Law …

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How Employers Can Handle their Biggest Threat to Data Privacy, Their Employees

Given the ever-expanding landscape of privacy laws and regulations, employers are becoming increasingly aware that they are responsible for data breaches caused by their employees. When looking to formally put obligations upon employees to modify employee conduct, employers tend to start with policy, such as in an employee handbook to allow a means of internal …

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U.S. Supreme Court Signals Abandoning the “Narrow” Interpretation Standard for Overtime Exemptions Suggesting More Employer-Favorable Future Rulings

On April 2, 2018, the Supreme Court issued a ruling with narrow application, but it is significant because it likely signals a “new day” favorable to employers regarding how Fair Labor Standards Act (“FLSA”) is interpreted in the future.  The FLSA, of course, is the law that requires the payment of overtime to “non-exempt” workers.  …

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Facebook Evidence of Employee’s “Fore” Play Sinks FMLA Claim

With the news that Tiger Woods will be returning to the Memorial Golf Tournament, which is just a few miles from our Columbus, Ohio office, we thought a golf-related post would be interesting. This post concerns the recent case of Sharrow v. S.C. Johnson & Son, Inc. Case No.: 17-cv-11138 (E.D. Mich. Apr. 12, 2018), which not …

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The Times They are A-Changin’: More States and Cities Move Ahead of the Courts by Prohibiting the Use of Prior Salary Information in Hiring

In the last year a number of states and major cities have passed laws prohibiting employers from obtaining past income/salary information from applicants. States with current legislation include California, Delaware, Massachusetts, New Jersey, New York, and Oregon. Cities with current legislation include: San Francisco; Chicago; New Orleans; New York City; Albany County, New York; Westchester, …

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