an update for the week of february 20, 2006
today's workplace: the employee rights blog
How NOT to Use Your Computer At Work: Are you a "cyberslacker?" -- one of the new breed of employees who spends time at work going online "to shop, play games, pay bills, view pornography, download music, communicate with friends, maybe even look for another job?" If so, it might be a good time to knock it off, given how many employers these days are monitoring your every move online. Oh, and if you work for Wal-Mart, don't use the internal manager's website to advocate for better workplace conditions, or maybe they'll decide you should be working someplace else -- someplace with decent benefits.
this week in the courts
Sidley Austin, LLP v. EEOC  (Seventh Circuit; No. 06-8002)
Decision Date: February 17, 2006
A district court judge was correct to rule that the EEOC may obtain monetary relief on behalf of individuals who, having failed to file timely administrative charges under the ADEA, are barred from bringing their own suits because enforcement the EEOC's authority is not derivative of the legal rights of individuals even when it is seeking to make them whole.
Hurlbert v. St. Mary's Health Care Sys., Inc.  (Eleventh Circuit; No. 05-10252)
Decision Date: February 16, 2006
Summary judgment for defendant, a paramedic's former employer, on Family and Medical Leave Act interference and retaliation claims is reversed where the district court erred in construing pertinent regulatory language regarding plaintiff's alleged ?serious health condition,? and in assessing the evidence of pretext with regards to the retaliation claim.
Eastman v. Marine Mech. Corp.  (Sixth Circuit; No. 03-4591)
Decision Date: February 15, 2006
A state-law employment action for wrongful termination in violation of federal public policy does not present a substantial federal question over which federal courts may exercise ?arising under? jurisdiction under 28 U.S.C. section 1331.
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