Confidential Information

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    The Delaware Court of Chancery is recognized nationwide as the preeminent venue for business litigation. The court has highly qualified judges who are familiar with the complexities of business and prioritize the resolution of cases through quick and pragmatic decisions. In short, Delaware businesses are fortunate to have the court at their...
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    According to National Labor Relations Board (NLRB) administrative law judge (ALJ) Joel Biblowitz, a Massachusetts car dealer was OK in prohibiting employees from wearing pins for safety reasons but could not ban clothing with insignia or messages on it. In a recent decision, Biblowitz ruled that a dress code prohibiting employees who have contact...
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    The New Jersey Appellate Division recently refused to dismiss a criminal indictment against a woman who took documents from her employer to bolster her employment discrimination case. Facts According to the Appellate Division's opinion, Ivonne Saavedra worked as a clerk for the North Bergen Board of Education. At the time she engaged in the...
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    Identity theft is a growing concern. Safeguarding employees' Social Security numbers (SSNs) is not only a good employment practice; it's mandated under Michigan law. Here's a brief overview of the requirements of the Michigan Social Security Number Privacy Act. Requirements of the Act The Michigan Social Security Number Privacy Act applies to...
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    Q My employer is a nonunion company. Can we have a policy that states it isn't appropriate for employees to discuss their wages with each other? A As tempting as it is to try to keep employees from comparing and talking about their wages, broad policies prohibiting employees from discussing their pay violate the National Labor Relations Act...
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    Q My employer is a nonunion company. Can we have a policy that states it isn't appropriate for employees to discuss their wages with each other? A No. Although confidentiality policies covering discussions about compensation and other personnel information are prevalent at many companies today, just having such a policy violates federal law...
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    Here's a case from a Florida court on settlement agreements and Facebook posts that recently got a lot of attention on the Internet. There are lessons here. A lot of lessons. Headmaster sues Patrick Snay was the headmaster of a private school in Miami. After his contract wasn't renewed, he sued for age discrimination and retaliation. He...
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    An employer receives its first charge from the Equal Employment Opportunity Commission (EEOC) alleging workplace discrimination. The employer is immediately irritated because the employee who filed the charge deserved to be terminated. The company quickly determines that it has no insurance that covers the situation, so a representative calls the...
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    Q My employer is a nonunion company. Can we have a policy that states it isn't appropriate for employees to discuss their wages with each other? A I frequently run across policies in employment handbooks that prohibit employees from discussing their wages and benefits with coworkers. Often, a policy will state that such information is...
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    Q We provide income tax audit representation and have access to private and financial information for our members. Can we still ask about criminal convictions on our applications? A Absolutely. Any employer can ask about criminal convictions on employment applications. The caveat is what you do with the applicant's answer. You need to know the...
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