Latest Articles That Have Been Posted

Obesity as a Disability?

The 2008 Amendment to the Americans with Disabilities Act (“ADA”) have greatly changed the legal definition of what constitutes a “disability.”  With the passing of the 2008 amendment, the definition of disability may now be construed broadly, giving a wider scope of protection to employees. Even prior to the amendment, some courts held that obesity could qualify as a physical or mental impairment, if it was caused by a physiological disorder.  Now, obesity may be considered a disability even if it was not caused by a physiological disorder.  See

NLRB Ruled No Confidentiality in Workplace Investigations

The NLRB ruled last week that an employer may not prohibit employees from discussing ongoing investigations of employee misconduct.  In Banner Health Systems, Case 28-CA-023438 (July 30, 2012), a human resources consultant routinely asked employees who had made an internal complaint not to discuss the matter with any of their co-workers while the employer was investigating the complaint.  In order to justify a prohibition on employee discussion of ongoing investigations, an employer must show that it has a legitimate business justification that outweighs employees' Section 7 rights.  See Hyundai America Shipping Agency, 357..

Happy Fourth of July!

Kaye Law Offices, P.A. would like to wish everyone a very Happy Independence Day!

"When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

-- Declaration of Independence

NLRB Launches Website for Nonunion Employees

The National Labor Relations Board (NLRB) launched a website today aimed at educating nonunion employees of their rights under the National Labor Relations Act (NLRA).  The website is titled "Protected Concerted Activity" and can be found at www.nlrb.gov/concerted-activity.  The website highlights that nonunion employees are still afforded protections and rights under NLRB, such as the right to act together to try to improve their pay and working conditions. 

SunTrust Bank Sued by EEOC

Tampa - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit today against Sun Trust Banks, Inc. for a branch manager sexually harassing three female employees at its Sarasota location.  It is alleged by the EEOC that Sun Trust's branch manager inappropriately touched female employees and made lewd and unwelcomed comments to them about their anatomy, sex life and dating habits.  The EEOC further alleges that the branch manager suggested that a female financial services representative put on a bathing suit to attract new customers. Sun Trust failed to take appropriate action after several of the women complained to Sun Trust management, including Sun Trust's human..