Employment Law Daily - October 20, 2011

Daily Update for October 20, 2011

  • The ethics surrounding lawyers Facebook friending people in connection with litigation

    Can a plaintiff’s lawyer “friend” on Facebook high-ranking executives of a company he is suing and who he believes are dissatisfied with their jobs (therefore likely to make disparaging comments about their employer on FB)? That’s the subject Mike Maslanka tackles here on his Work Matters blog.


    FMLA FAQ: Can an Employer Credit Pre-FMLA Leave Against an Employee’s FMLA Entitlement When the Employee Becomes Eligible? Put another way, if the employer grants leave during an employee’s first twelve months of employment (during which said employee does not qualify for FMLA protection) can the employer take a credit for that leave against the employee’s FMLA entitlement once he or she DOES become eligible. Jeff Nowak of the excellent FMLA Insights Blog tackles that issue this week. You can find the article here. Here’s a hint: If you are an employer, you might not like the answer.

  • Occupy Your Workplace: Changes To Employment Laws That Would Make a Difference

    My friend Donna Ballman has an excellent article in the Huffington Post this week discussing what changes to the country’s employment laws that would have the most positive impact for workers. Her list includes: 1. Fair Pay Laws Regarding Overpaymen of Executives; 2. Just Cause Protection For Employees; and 3. Freedom of Speech Protection for Private Employees. Give her article a look. Many readers might be surprised what isn’t in the law already.