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  • Monthly Archives: January 2012

    NLRB Issues Second Social Media Report

    On January 25, 2012, the NLRB released its second report on social media cases handled by the National Labor Relations Board (NLRB).  According to an announcement sent to subscribers of the NLRB updates, The Operations Management Memo covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were […]

    Employment Litigation in Review #3

    Since January flew by, we decided that its time to draft another Employment Litigation in Review in order to keep everyone up-to-date on a few changes in the industry. Federal Cell Phone Rules Compliance Guide Come into Effect On January 3, 2012, the new rule regarding limits on the use of cell phones by the […]

    Supreme Court Holds Installation of a GPS Monitoring Device is a Search

    U.S. v. Jones, No. 10–1259, 565 U. S. ____ (2012).  Although more of a privacy rights issue than an e-discovery one, on January 23, 2012 the Supreme Court released its opinion in U.S. v. Jones, which may eventually have some far reaching applications in the realm of e-discovery and more specifically, the electronically stored information […]

    NLRB Rules against Mandatory Arbitration Agreements that Prohibit Class Actions

    D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012). Earlier this month, The National Labor Relations Board (the “Board”) ruled that it is a violation of the National Labor Relations Act (“NLRA”) to require employees to sign arbitration agreements that prevent them from participating in class action law suits to pursue employment-related legal claims. […]

    SCOTUS Addresses the Ministerial Exception in Its First Employment Decision of 2012

    Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U. S. ____ (2012) On January 11, 2012, in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the United States Supreme Court unanimously reversed the Sixth Circuit’s ruling that the First Amendment does not bar employment discrimination suits brought on behalf of ministers against their religious employers. […]

    Fracking Blamed as Cause of Ohio’s Recent String of Earthquakes

    An earthquake with a 4.0 magnitude shook eastern Ohio, outside of Youngstown, on Saturday afternoon, December 31, 2011.  The latest earthquake was the 11th earthquake in Ohiosince March 2011.[1]  This earthquake, like the others, have been centered around an injection well that has been used for the disposal of millions of gallons of brine and […]

    OFCCP Proposed Rule Affects Affirmative Action Plans for Employees with Disabilities

    On December 9, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule that would change the regulations applicable to Section 503 of the Rehabilitation Act of 1973, which requires federal contractors to take affirmative action to hire, retain, and promote qualified individuals with disabilities. According to the Department of Labor’s press […]

    E-Discovery Rules, Regulations, Guidelines, and Other Useful Resources

    As for today’s post, we want to introduce you to a new section of our website: E-Discovery Resources.  This section of the website provides useful links including, a list of the rules and regulations relating to e-discovery, a list of New York state specific laws and regulations, and other useful guidelines and articles. As we […]

    NYSBA Releases Guidelines for the Best Practices In E-Discovery In New York State and Federal Courts

    Back in July of last year, the New York State Bar Association drafted a 47 page document detailing the best practices in e-discovery in New YorkStateand federal courts. The guidelines were approved by the NYSBA Executive Committee on September 27, 2011, and are currently available for download here. The goal of the guidelines is to […]

    New York Appellate Court Provides Guide for Courts Considering Discrimination Claims on Summary Judgment

    Bennett v. Health Mgt. Sys., Inc. 2011 NY Slip Op 09206 (1st Dept. Dec. 20, 2011). In a recent case, a New York State Court examined whether, and to what extent, the three-step burden-shifting approach set forth in the Supreme Court’s McDonnell Douglas v. Green, 411 U.S. 792 (1973) decision, must be modified for New […]