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N.J. Justices: E-mails to Attorney From Work Computer Privileged
Does an employee have a right to privacy when communicating with her attorney while using her employer's computer? That was the question the New Jersey Supreme Court recently grappled with in Stengart v. Loving Care Agency Inc.Panel Revives Clerk's Suit Alleging Discrimination Over 'Tomboyish' Look
Brenna Lewis is an Iowa woman who describes her appearance as "slightly more masculine." Lewis prefers to wear loose-fitting clothing, including men's button-down shirts and slacks. She avoids makeup and wears her hair short. At times, Lewis has been mistaken for a male and referred to as "tomboyish." One of her supervisors allegedly characterized Lewis' look as "an Ellen DeGeneres kind of look."Class Action Settlement May Finally Be Paid to Black Farmers
For almost two decades, African-American farmers have contended that the U.S. government was violating their civil rights by discriminating against them on the basis of race.Delaware Proposes Legislation to Eliminate Employment at Will
The Delaware legislature has introduced a bill to require "just cause" for terminating an employee, which represents a significant departure from employment law practice in every other state but Montana.Office Politics, Not Political Discrimination
Employment law attorneys often get calls about workplace favoritism and nepotism. As unfair as the circumstances can sometimes be, there is usually nothing unlawful about the employer's actions.Attorney Fees Under EAJA Subject to Govt. Offset, Justices Rule
The Equal Access to Justice Act, or EAJA, provides that "a court shall award to a prevailing party … fees and other expenses … in any civil action … brought by or against the United States … unless the court finds that the position of the United States was substantially justified." (See 28 U.S.C. § 2412(d).)Disparate Impact Discrimination Case Not Time-Barred, Justices Rule
On May 24, the Supreme Court unanimously held that a claimant may bring an employment discrimination claim against the application of an employment practice even if the institution of that practice is beyond the statute of limitations.3rd Circuit: 'One-Sided' Agreement Waives Employer's Arbitration Right
On June 15, the 3rd U.S. Circuit Court of Appeals sent a strong message to employers utilizing arbitration agreements.3rd Circuit Limits Reach of Ledbetter Fair Pay Act
The 3rd U.S. Circuit Court of Appeals has taken its first step toward limiting the reach of the Lilly Ledbetter Fair Pay Act of 2009 (FPA). Earlier this month, the 3rd Circuit rendered a decision in Noel v. The Boeing Co. in which it disagreed with the plaintiff-employee's position that a "failure to promote" claim can arise under the FPA.ABA Opinions Clarify Ethical Obligations in E-Mail Interception
One of the "trending" topics in employment law circles and blogs revolves around employees communicating by e-mail with their lawyers while on the clock and the extent to which such communications may be privileged.Trending Stories
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