Employers Taking Notice of Networking Web Sites
Alisa P. Cleek and W. Brian Holladay
Employers are fast becoming aware of social networking websites such as MySpace and Facebook. These websites are forums where individuals post pictures and facts about themselves and communicate with others. While employees may use these websites during non-work hours, the things they express on them may have significant impact on the work environment.
Is Punctuality Always an Essential Function?
Douglas H. Duerr and Lisa J. Bauer
While most cases interpreting the Americans With Disabilities Act (“ADA”) have focused on whether a person is “disabled” or whether an accommodation can be reasonably made, employers have had little guidance on how to determine whether a function is “essential” to a particular position. [READ MORE]
Who? . . . Me? Personal Liability for Managers
Richard M. Escoffery and Douglas J. Miller
Approximately one quarter of the lawsuits filed in federal courts are employment-related. Traditionally, disgruntled employees name their employers as defendants in such suits. In each dispute, however, one or more managers carried out the employment actions at issue, and employees increasingly are suing not just their employers, but their managers as well.
Applying the Brakes to a Proposed Increase in Drive Time
Joshua H. Viau and Justin B. Connell
The D.C. Circuit Court of Appeals recently rejected the Federal Motor Carrier Safety Administration’s (“FMCSA”) 11-hour limitation on commercial driving time and an FMCSA regulation granting commercial drivers a clean time slate (or restart) after being off duty for 34 consecutive hours. [READ MORE]
