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Employers Risk Liability Regarding Employee Online Privacy
The Legal Intelligencer
June 12, 2012

In May, Maryland Governor Martin O’Malley signed into law the country’s first legislation protecting employees and prospective employees’ passwords to social media accounts. The bill was introduced in response to the rising number of reports of job hunters being asked by potential employers to grant access to private information on personal social networking profiles. Full Text


When Does Striving for a Healthy Workforce Violate the Law?
The Legal Intelligencer
June 12, 2012

Recently, it was reported that a Texas hospital had instituted a policy barring obese applicants from obtaining employment at the hospital. Specifically, the policy required that prospective employees’ body mass index be less than 35 (i.e., less than 245 pounds for someone who is 5 feet 10 inches tall). In announcing the policy, the hospital stated that obese applicants did not “fit with a representational image … of the job of a health care professional,” which included appearances “free from distraction” for the hospital’s patients. Full Text


ERISA Pitfalls for Non-ERISA Attorneys to Avoid
The Legal Intelligencer
June 12, 2012

When business or employment attorneys work with employer clients, they usually know that the Employee Retirement Income Security Act (ERISA) may be implicated when there is an issue involving a pension plan or health plan. However, ERISA can touch upon unexpected areas of the employer/employee relationship, from hiring decisions to layoffs, and everything in between. This article will address just a few of the areas where an attorney should consider whether ERISA may become a factor, even if the question does not directly involve an employee benefit plan. Full Text


Employee Medical Leave: The Reasonableness Conundrum
The Legal Intelligencer
June 12, 2012

Managing employee medical leave under the Family and Medical Leave Act, 29 U.S.C. §2601 et seq., (FMLA) and the Americans with Disabilities Act, as amended, 42 U.S.C. §12101 et seq. (ADA) has become a vexing issue facing employers. This article will provide recommendations and general principles for employers to best manage an employee’s request for leave as a reasonable accommodation. One hot topic in this arena is how best to manage an employee’s leave when the employee is medically unable to return to work after exhausting all other available leave. A plethora of courts have recently addressed this issue. Full Text


Class Arbitration in Pennyslvania After Sutter v. Oxford
The Legal Intelligencer
June 12, 2012

To arbitrate or not to arbitrate, that is the question. But, like the famous prince, employers may vacillate no more. Prior to the recent decisions of the U.S. Court of Appeals for the Third Circuit in Sutter v. Oxford Health Plans , 675 F.3d 215 (3d Cir. 2012), and Quilloin v. Tenet Healthsystem Philadelphia , 673 F.3d 221 (3d Cir. 2012), employers with mandatory arbitration procedures could wait until faced with a potential class action before deciding whether or not to challenge the claimants’ right to arbitrate on a group or class basis. Full Text


NLRB’s New Rules for Processing Union Elections
The Legal Intelligencer
June 12, 2012

On April 30, the National Labor Relations Board’s amended regulations for processing union elections went into effect. The rules, which generated significant controversy as well as a lawsuit, were designed to increase efficiency, eliminate unnecessary delay and prevent parties from abusing the election process. Full Text