Valore & Gordillo, LLP.

Most employers have realized they should have internet use policies for their employees, but those policies should now be updated to address the Web 2.0 and social media. The internet is rapidly being changed by the proliferation of interactive communication tools and websites. When employees use internet social media, the line between workplace conduct and personal conduct can be blurred. Wise employers should give their employees guidance about using these methods of communication.

A sound policy should include the following:

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A grievance procedure that requires union members to pursue age discrimination claims through arbitration can result in preventing the union member from filing the age discrimination claim in court. That is the result of the recent United States Supreme Court decision, 14 Penn Plaza LLC v. Pyett. More specifically, the Court addressed whether a provision in a collective-bargaining agreement that requires union members to arbitrate claims arising under the Age Discrimination in Employment Act of 1967 (ADEA) is enforceable. The Court held that the employer could enforce the provision and prevent union members from going to court.

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Sexual harassment law now has a wider opportunity for employees trying to take their case to a jury.  That is the result of Gallagher v. C.H. Robinson Worldwide, Inc., a decision by the United States Court of Appeals for the Sixth Circuit.  The court ruled in favor of Julie Gallagher and reversed a trial court's decision that had entered summary judgment and dismissed her sexual harassment claims against C.H. Robinson Worldwide, Inc.

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