The lead-in paragraph notes:

In a new study published in the journal Social Neuroscience last week, Yale researchers studied the correlation between compensation in employment discrimination cases and brain activity during tests for racial bias. The study concluded that functional Magnetic Resonance Imaging (fMRI) scans may better predict verdict size than the traditional tests. The results may be significant to the developing field of neurolaw in providing a way to ensure an unbiased jury — a Constitutional requirement — but outside psychologists said the study’s significance is limited by its small sample size.

The entire article can be found here.

Apparently, this is not the first such study.  A 2003 study can be found here.  What the study actually shows is open to question as well.

LexisNexis is inviting Labor and Employment law practitioners to comment on their list of nominees. If you would like to support our nomination, please comment on the announcement post on the Labor and Employment Law Community. (Free registration or social media log-in required.)

Read more: Welter Law opens Texas office | Washington Business Journal

How not to fire an employee for theft.  (Workplace Prof Blog)

Diabetic’s disability lawsuit against restaurant is hard to swallow.  (LA Times)

Should I fight or settle?  (Connecticut Employment Law Blog)

New OSHA PPE (personal protective equipment) guidance.  (Manpower Employment Law Blawg)

Weekly calls to employee interfere with FMLA leave.  (FMLA Blog)  (Additional commentary here.)

Who is a successor for FLSA purposes?  (Connecticut Employment Law Blog)

Discrimination complaints on the rise in Virginia.  The story can be found here.

USCIS reaches FY 2011 H1-B cap.  Their press release can be found here.

Updating 20th Century laws for the 21st Century.  The Ohio Employer’s Law Blog has some comments here (and cross-links to the Connecticut Employment Law Blog).

4th Circuit to hear oral argument on scope of FLSA anti-retaliation provision.  Virginia Qui Tam Law.com has the story here.

Facebook case settles at NLRB.  Workplace Prof Blog has the story here.  Connecticut Employment Law Blog has commentary here.  Ohio Employer’s Law Blog has commentary here.

More unemployment taxes on the table.  The Wall Street Journal has the story here.

We made the “Top 100 Employment Law Blogs” list at the Delaware Employment Law Blog!  If you want a pretty comprehensive list of the best employment law blogs out there, go here.

The 2010 “Judicial Hellholes” list is up!  The report is here.  California gets #2 in part because of “drive by” predatory ADA disability access lawsuits.  South Florida comes in at #4, althought the report does not mention that the Southern District of Florida has the most FLSA lawsuit filings of any district in the USA.  The new Judicial Hellholes website is here.

EEOC ramps up ambitious agenda.  Story here.

Duty of Loyalty vs. Opposing Discrimination.  Workplace Prof Blog has a post here.  An interesting discussion of the New Jersey Supreme Court’s recent decision dealing with the “theft” of 1800 pages of company documents by the former HR Director, who used them in her lawsuit.

DOL asks for information on FLSA lactation break requirement.  Post here.

Tortious interference with contract claims may have become easier for plaintiffs in Virginia.  VLW has the story here.  The district judge recently adopted the report and recommendation referred to in the story here.

“Why companies keep pay a secret.”  (Smart Money)

NLRB Proposes Rule Requiring Posting of Employee Rights (Pennsylvania Labor and Employment Blog)

Register Guard revisited?  (Workplace Prof Blog)  “In a recent press release, the NLRB has indicated that it might reconsider part of its Register-Guard decision. . . .  the Board’s significant narrowing of the meaning of “discrimination” in electronic communications and Lechmere cases.”

The Supreme Court’s Employment Discrimination Docket (Washington Post via the Workplace Prof Blog)

EEOC Reports Record Charge Filings for 2010 (Ohio Employer’s Law Blog)

OSHA Case May Break New Legal Ground (Law.com)  “At issue: Can employers be cited by OSHA for record-keeping violations that occurred up to five years in the past – the current agency practice – or is the statute of limitations strictly six months?”

Disparate Impact Suit — Credit Checks (Jottings By An Employer’s Lawyer)

The Reemergence of Class Actions:  Rational Guidance for Employers (Florida Employment & Immigration Law Blog)

Feds Say Grandfathered Health Plans Can Change Insurers (Workforce.com)

Was Juan Williams’ Termination by NPR Illegal Under California Law?

EEOC Holds Public Hearing on Credit Histories

Employees Have No Expectation of Privacy in Facebook or MySpace Profiles (NY)

Court Orders Production of Plaintiff’s User Names and Passwords for Social Network Accounts (PA)

Unauthorized Practice of Law Captured on Facebook

NLRB Sues Company for Firing Worker Over Facebook Post

Facebook and Labor Law (Workplace Prof Blog)

“… this only applies to big business …”  (Not!)

Do you know?  The DOL is encouraging employee covert ops in your business.

U.S. District Judge refuses to approve “confidential” FLSA settlement.  The VLW Blog has a post here.

The Ohio Employer’s Law Blog has a post here about an EEOC settlement that provides some guidepost “best practices” for employers seeking to minimize sexual harassment claims.

Judge refuses to dismiss retaliation lawsuit involving objections to a cartoon.  Overlawyered has the story here.

“Crybabies” show has segment on ADA lawsuit mills here.

The EEOC is warning against hiring discrimination.  Law.com has the news here.

There is a new employee rights poster required for government contractors.  The Pennsylvania Labor & Employment Blog has a post on the topic here.  Official copies of the poster can be found here.

Ninth Circuit Court of Appeals reverses summary judgment for the employer in an ADA reasonable accommodations case.  Workplace Prof Blog has a post on the case here.  The opinion is worth reading to gain insight into the interactive process that is now required of employers in these situations.

Proposed legislation would expand FLSA coverage to in-home workers.  Wage and Hour Developments has a post here.

Wal-Mart files appeal to U.S. Supreme Court of class action decision by Ninth Circuit.  Law.com has the story here.

DOL Fact Sheet:  Break Time for Nursing Mothers Under the FLSA.

The FMLA Blog has a good post here (“Adverse References to FMLA Leave Usage Sufficient to Defeat Employer’s Claim that it Terminated Employee for Performance Deficiences, Not Exercise of FMLA Rights“) on why employers should not make negative references to FMLA leave in employee performance reviews.

A recent study suggests that only 6 percent of the plaintiffs in employment discrimination cases make it to trial.

Release of memo by law firm on gender disparities at Wal-Mart may prove to be unhelpful in giant class action suit.  WSJ Blog has a post here.

Slaughterhouse manager acquitted of child labor charges.  The story is here.  Yes, there are still criminal labor law prosecutions.

The Senate has moved to eliminate the business tax deduction for punitive damages awards.  The BLT has a post here.

Business-to-business sex harassment?  In New Jersey, apparently yes.  Article here.

Black-on-black lawsuit for “acting white”?   In South Carolina, apparently yes.  Post here.

Does sex-specific profanity not targeted at an employee give that person an actionable harassment claim?  In the 11th Circuit, yes.  Law.com article here.  Blog posts here and here.

Receptionist who lacked the “Midwestern girl look” and was not “pretty enough” has case sent back for trial by the 8th Circuit.  Blog post here.

Law.com reports here that a class action lawsuit has been filed against Amazon relating to their alleged practice of rounding employee time in a manner unfavorable to their employees.

Law.com also reports here that a UPS Supply Chain Solutions overtime suit in California settles for $12.8 million.  The suit had alleged misclassification of drivers as independent contractors.

New York Increases Penalties for Employers Who Retaliate –  New York recently amended its labor laws to increase the penalties for retaliating against employees who report or complain about labor law violations.  Under the new law, which went into effect in November, the minimum civil penalty for an employer who engages in retaliation increased from $200 to $1000.  The maximum penalty increased from $2000 to $10,000.  Employers may also be liable for lost compensation.  The law gives the State Department of Labor the power to sue for unpaid wages and liquidated damages on behalf of employees who are fired for reporting violations.  The law also makes officers and agents of limited liability companies and partnerships liable for retaliation.  Finally, and perhaps most significantly, the law shifts the burden to the employer to prove that it had did not act willfully when an employee seeks liquidated damages for unpaid wages.  A copy of the new law can be found here.

Massachusetts High Court Increases Damages for Misclassified Workers –  In Somers v. CAI, the Massachusetts Supreme Judicial Court held that employees who have been misclassified as independent contractors are entitled to receive wages and benefits at the rate they were earning as independent contractors.  In this case, the plaintiff had been hired as an independent contractor for CAI.  After his contract ended, he sued the company alleging he had been misclassified, among other things.  The lower court granted summary judgment in CAI’s favor, and the plaintiff appealed.  On appeal, CAI argued that even if Somers had been misclassified, he did not suffer any damages because he earned more as a contractor than if he had been an employee.  The supreme court rejected this argument, stating that Somers was CAI’s employee (unless CAI could prove at trial that he was an independent contractor), and so the hourly wage he was earning as a contractor was actually his wage as an employee.  Therefore, that same wage must be used to calculate any overtime, holiday/vacation pay, and other benefits Somers would have received if he had been properly classified.  The court also held that if Somers prevailed at trial, he would be entitled to treble damages for lost wages and other benefits.  A copy of the court’s opinion can be found here.

MSNBC — “Recession adds fuel to workplace gossip:  The recession not only ushered in unprecedented job cuts and economic pain but also seems to have opened the door to more whispers around the water cooler.”