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  • Monthly Archives: October 2011

    Can a Union Request to See the Financial Records of a Company during Negotiations?

    Under Section 8(a)(5) of the NLRA employers must bargain in good faith with union representatives. This includes making reasonable accommodations for Unions who are in the process of negotiating a new contract, such as providing theUnionwith financial data in order to verify an employer’s claim that the company is in financial trouble and will be […]

    A Closer Look at Microsoft Outlook

    Have you ever heard of a “.PST” or an “.OST” file? If not, you may be missing out on an important, if not necessary, weapon in your e-discovery arsenal.  Office Outlook Personal Folders files (“PST”) are files automatically created in Microsoft Outlook, and they contain a particular user’s e-mail messages (and attachments), calendars, contacts, tasks, […]

    What is a “Reasonably Useable” Form of ESI Under FRCP 34(b)(E)(ii)?

    ESI can be produced in an array of formats, including Tagged Image File Format (“TIFF”), Portable Document Format (“PDF”), and the file’s native format (i.e. in “.xls” format for Microsoft Excel files).  Typically, the format of the ESI is decided on during the meet and confer conference at which parties may request ESI to be […]

    Second Circuit Upholds Plaintiff’s Motion for Class Certification in Minimum Wage and Overtime Case

    Shahriar, et al., v. Smith & Wollensky, et al., No. 10-1884 (2nd Cir. Sept. 26, 2011). On September 26, 2011, in Shahriar, et al., v. Smith & Wollensky, et al., Case No. 10-1884 (2nd Cir. Sept. 26, 2011), the Second Circuit Court of Appeals joined the Seventh, Ninth, and District of Columbia Circuits in holding […]

    NLRB Upholds Facebook Firing in Hot Dog Case

    Karl Knauz Motors, Inc., Case No. 13-CA-46452 (9/28/11). Several weeks ago, we wrote about an employee of a BMW dealership who was allegedly terminated due to posting on his Facebook page regarding the quality of food served at a dealership event.  Specifically, on the day of the event, there was a hot dog cart (with […]

    Cashing Out on “Cache” Files

    Earlier this month, we wrote about how a plaintiff sought certain “cache” files from a third-party. After reading the article once it was published, I realized that we referred to “cache” files as if all legal professionals would understand the concept. For those of you who did not Google “what is a cache file,” here […]

    Employers Beware: Conducting Social Media Searches of Potential Employees May Land Your Company in Hot Water

    As social media sites continue to increase in number, so does the amount of employers who use those sites for background checks as part of their hiring process.  On one hand, a background check can be a useful tool to gauge the personality and character of a potential candidate.  On the other hand, however, the […]

    290 Pound Man Files Suit in S.D.N.Y. Claiming That his Civil Rights/ADA Were Violated When He Could Not Fit into White Castle Booth

    Although not a typical employee discrimination case, a recent complaint was filed in S.D.N.Y. claiming that a customer’s civil rights/ADA were violated when the customer could not fit into a White Castle booth.  Basically, this case involved a 6 foot – 290 pound man from Nanuet, who filed an action against White Castle claiming that the […]

    Happy October and Welcome Back SCOTUS

    Not only does this week mark the first quarter for many companies’ 2012 fiscal year, it is also the start of the Supreme Court’s new term.  Although none of the cases certified are too exciting from an employer’s point of view, SCOTUS is going to hear a few cases with a labor and employment flavor. […]

    NY Appellate Division Says Cost/Benefit Analysis Must be Conducted for Third-Party ESI

    Tener v. Cremer, 2011 NY Slip Op 6543 (N.Y. App. Div., Sept. 22, 2011).  The action underlying this dispute concerned a defamatory statement made by an anonymous poster on Vitals.com.  Through the discovery process, the plaintiff traced the IP address of the computer from which the alleged defamatory post originated.  The IP address belonged to […]