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Arbitration agreement’s waiver of “Berman” hearing contrary to public policy, unconscionable

February 25th, 2011

The California Supreme Court, in a 4-1 decision, ruled that a provision in an arbitration agreement that required an employee to waive the option of a “Berman” hearing was contrary to public policy and unconscionable (Sonic-Calabasas A, Inc v Moreno, February 24, 2011, Moreno, C). However, the court concluded that the arbitration provision could be [Read more...]


Though managers caution against it, most workers say they frequently come to work sick

February 25th, 2011

Seventy-six percent of employees admit to at least somewhat frequently coming to work when feeling under the weather, according to an Accountemps survey. One-third (34 percent) of workers interviewed said when a colleague comes in sick, they worry most about being exposed to his or her illness; only 8 percent are impressed by their coworker’s [Read more...]


City directive requiring physician’s note upon return from medical leave did not violate the Rehabilitation Act or constitutional protections on informational privacy

February 24th, 2011

A city’s directive — which required police division employees returning to duty following sick leave, injury leave, or restricted duty to submit to their immediate supervisor a copy of their physician’s note stating the “nature of the illness” and whether the employee is capable of returning to regular duty — did not violate the Rehabilitation [Read more...]


Expert says policy requiring employee to give employer Facebook password is bad idea

February 24th, 2011

The following is taken from a post on The Delaware Employment Law Blog entitled, Employee Must Give Employer His Facebook Password, Says ACLU. Posted on February 21, 2011, the piece was written by Margaret M. DiBianca, an associate at Young, Conaway, Stargatt & Taylor LLP. Reprinted with permission.
Facebook gives employers lots of reasons to worry. [Read more...]


Obama administration seeks clarification that Florida judge’s invalidation of PPACA does not relieve parties of rights, obligations under reform law pending appeal

February 23rd, 2011

On February 17, the Obama administration filed a motion seeking clarification of the ruling issued by a Florida district court judge that declared the entire Patient Protection and Affordable Care Act (PPACA) void because the minimum coverage requirement was both unconstitutional and unseverable from the rest of the statute. The Department of Health and Human [Read more...]