The Laconic Law Blog

Pithy Commentary on Employment Law in Virginia and Beyond

NLRB Guidance On Confidentiality Of Workplace Investigations

Posted on May 17, 2013 by Laura B. Thomasian

The National Labor Relations Board’s Office of General Counsel recently released a memorandum providing additional guidance on the confidentiality of internal workplace investigations.  More after the break.

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Successor Liability Under The FMLA

Posted on May 12, 2013 by Eric Welter

In a lawsuit brought by the U.S. Department of Labor, a successor company recently agreed to pay approximately $58,000 in damages when it refused to restore to work an employee of a company that was acquired by the successor while the employee was on an FMLA leave.   More after the break.

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California Chamber of Commerce Releases 2013 Job Killer List

Posted on May 8, 2013 by Laura B. Thomasian

The California Chamber of Commerce (CalChamber) recently released its annual list of “job killer” bills.  The list includes 32 proposed measures that CalChamber believes will have a negative impact on California’s job climate and economic recovery if the measures were to become law.  More after the break.

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EEOC Jury Verdicts and Settlements — April 2013

Posted on May 7, 2013 by Eric Welter

Our update on EEOC jury verdicts and settlements for April 2013 after the break.

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Workers May Select Non-Employees To Represent Them In OSHA Inspections

Posted on May 3, 2013 by Anne Rocktashel

In February 2013, OSHA addressed the question of whether workers at a worksite without a collective bargaining agreement may designate a third-party to serve as a “walk-around” representative during OHSA onsite inspections.  More after the break.

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DOL Publishes Informational Powerpoint Regarding FMLA

Posted on April 29, 2013 by Eric Welter

The Department of Labor has recently made available to the public an informational PowerPoint presentation providing a summary of employees’ rights under the Family Medical Leave Act (“FMLA”).  The DOL’s PowerPoint presentation can be reviewed as a general refresher regarding an employer’s FMLA obligations or used as a starting point for FMLA training materials.   The PowerPoint, however, does not address all nuances of the FMLA and should not be relied upon as a legal opinion.  It can be located here as the last link under “General Guidance.”

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Other States Whistleblower Laws Accommodate Internal Reports To Supervisors. Texas Law Does Not.

Posted on April 19, 2013 by M. Wilson Stoker

On February 22, 2013, the Texas Supreme Court handed down two decisions reinforcing the restrictive nature of Texas’ whistleblower statute.  The Texas whistleblower statute has an “undeniable focus on law enforcement” and only a report to someone who has the power to (1) regulate under or enforce the laws purportedly violated, or (2) investigate or prosecute suspected criminal wrongdoing is sufficient.  The University of Texas Southwestern Medical Center at Dallas v. Gentilello, (Tex., February 22, 2013); Texas A&M University – Kingsville v. Moreno, (Tex., February 22, 2013).  More after the break.

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Sexual Assault-Related Claims Withstand Virginia Workers Compensation Act Pre-emption Argument

Posted on April 16, 2013 by Anne Rocktashel

A former employee’s claims against her employer and its staffing service arising from a violent sexual assault in the workplace survived motions to dismiss, despite the defendants’ argument that the claims were pre-empted by the Virginia Worker’s Compensation Act.  More after the break.

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Is An English Arbitration Agreement Unconscionable If The Employee Only Speaks Spanish?

Posted on April 15, 2013 by M. Wilson Stoker

The case of Delfingen US-Texas L.P. v Valenzuela, No. 08-12-00022-CV (Texas Ct. of Appeals, 8th Dist. Feb. 6, 2013), provides employers with something to consider when entering into employment agreements with employees that speak a language other than English.  More after the break.

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EEOC Verdicts and Settlements — March 2013

Posted on April 11, 2013 by Eric Welter

Our report on EEOC verdicts and settlements for March 2013 is after the break.

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“Me Too” Doctrine Does Not Include Evidence Of Discrimination Against Persons Outside Of Plaintiff’s Protected Class, Even In California

Posted on April 10, 2013 by Eric Welter

So-called “me too” evidence is when the plaintiff in an employment discrimination case attempts to prove discrimination against him or her by offering evidence that others suffered similar discrimination.  In Hatai v. Department of Transportation, the California Court of Appeal recently rejected an employee’s attempt to use broad “me too” evidence that a supervisor discriminated against all employees who were of non-Arab ancestry when the employee claimed only that he was discriminated against because of his Asian national origin.   More after the break.

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Third Party FMLA Leave Administrator May Face Liability For FMLA Violation

Posted on March 28, 2013 by Laura B. Thomasian

In Arango v. Work & Well, Inc., Case No. 1:11-cv-01525 (ND Ill. March 15, 2013), a district court has recently ruled that a former employee’s claim against his employer’s third party leave administrator for tortious interference with employment relationship could proceed to trial and was not entitled to summary judgment.  More after the break.

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Time to Switch to New Version of I-9

Posted on March 25, 2013 by Anne Rocktashel

The U.S. Citizenship and Immigration Services has updated the well-known Employment Eligibility Verification form, or Form I-9.  Employers should begin using the new form immediately.   After May 7, 2013, employers who fail to use the new Form I–9 may be subject to penalties.  More after the break.

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EEOC Verdicts and Settlements — February 2013

Posted on March 20, 2013 by Eric Welter

Our update on EEOC verdicts and settlements for February 2013 is after the break.

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EEOC Releases Discrimination Statistics

Posted on March 18, 2013 by Laura B. Thomasian

The U.S. Equal Employment Opportunity Commission (EEOC) has recently released a table indicating the type of discriminatory action that has been alleged by statute for years 2010 to 2012.  More information after the break.

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