2013 Labor and Employment Law Update October 22, 2013 Presented by Nathan Pangrace, Esq.

Overview Discrimination & Harassment Social Media in the Workplace NLRB & Social Media Family and Medical Leave (FMLA) Wage and Hour Law Non-Compete Agreements Affordable Care Act Occupational Safety and Health Administration (OSHA) Workers’ Compensation 2

Discrimination & Harassment Vance v. Ball State University - U.S. Supreme Court narrowly defined “supervisor” for workplace harassment claims. 3

Discrimination & Harassment University of Texas Southwestern Medical Center v. Nassar – U.S. Supreme Court made it easer for employers to defeat retaliation claims. 4

Discrimination & Harassment EEOC provided guidance on the application of employment discrimination laws to victims of domestic violence. 5

Discrimination & Harassment Department of Labor revised rules for affirmative action plans for federal contactors. 6

Social Media in the Workplace Ehling v. Monmouth Ocean Hospital Service Group – Federal Stored Communications Act (SCA) protects social media pages. 7

Social Media in the Workplace Lazette v. Kulmaycki – Employer sued for accessing employee’s personal s on company-owned smartphone. 8

Social Media in the Workplace Eagle v. Morgan – Employee had protected privacy interest in LinkedIn profile. 9

NLRB & Social Media Costco Wholesale Corporation – NLRB held Costco’s social media policy violated National Labor Relations Act (NLRA). 10

NLRB & Social Media Karl Knauz Motors, Inc. - BMW salesperson’s Facebook postings were not protected concerted activity under the NLRA. 11

NLRB & Social Media Design Technology Group, LLC d/b/a Bettie Page Clothing - Termination of non- union employees for postings on Facebook violated NLRA. 12

Family and Medical Leave (FMLA) DOL issued guidance saying spousal leave under FMLA is available for same sex marriages. 13

Family and Medical Leave (FMLA) Department of Labor issued rules amending FMLA’s military family leave provisions. 14

Wage and Hour Law Department of Labor extended Fair Labor Standards Act protections to home health care workers. 15

Non-Compete Agreements Accordia of Ohio, LLC v. Fishel - Employee non-compete agreements will transfer to a surviving company after a merger. 16

Non-Compete Agreements Try Hours v. Douville - Severance agreements can jeo- pardize an employer’s non-compete agreement. 17

Affordable Care Act “Pay or play” mandate - Employers with at least 50 full time employees must provide health care coverage or pay a penalty. Delayed until

Affordable Care Act Hobby Lobby Stores, Inc. v. Sebelius Autocam Corporation v. Sebelius 19

Affordable Care Act Protections to whistleblowers are already in effect. ACA prohibits employer from retaliating against whistleblowing employee. 20

Occupational Safety and Health Administration (OSHA) Employees in a non-union shop can select a non-employee union representative to participate in OSHA inspections. 21

Workers’ Compensation Amstrong v. John R. Jurgensen Co. - Purely psychiatric conditions are not compensable. 22

Workers’ Compensation Hewitt v. L.E. Myers Co. - Rubber gloves and sleeves are not “an equipment safety guard”. 23

Workers’ Compensation Houdek v. ThyssenKrupp Materials N.A., Inc. - Without specific intent to injure, an employer is not liable for an intentional tort. 24

Nathan Pangrace, Esq. Roetzel & Andress