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Workplace Prof Blog

Covers arbitration, disability, employment discrimination, labor law, public employment law and workplace safety. By Jeffrey M. Hirsch, Marcia L. McCormick, Paul M. Secunda, Charles A. Sullivan and Richard Bales.

http://lawprofessors.typepad.com/laborprof_blog/

Sep 12
Seiner's New Book On SCOTUS LEL

Seiner's New Book On SCOTUS LEL

A huge congratulations to Joe Seiner (South Carolina) on the publication this week by Cambridge University Press of his book The Supreme Court's New Workplace: Procedural Rulings and Substantive Worker Rights in the United States. Here's the…
Sep 12
Zelinsky on ERISA Preemption

Zelinsky on ERISA Preemption

Edward Zelinsky (Cardozo) has just published, at 34 Hoifstra JLEL 301 (2017), ERISA Preemption After Gobielle v. Liberty Mutual: Completing the Retrenchment of Shaw. Here's the take-away: There were other courses which the Gobeille Court…
Sep 11
Briefing Paper on Mexican Labour Reform

Briefing Paper on Mexican Labour Reform

Thanks to Tequila Brooks for passing along this information on recent labor reforms to Mexico's Constitution: Canadian NGO Maquiladora Solidarity Network has published a great briefing Briefing Paper on recent labor reforms to Mexico's…

Rank this Week: 18

New York Public Personnel Law

Provides summary and commentary on selected court and administrative decisions and related matters affecting public employers and employees in New York State. By Harvey Randall, Esq.

http://publicpersonnellaw.blogspot.com/

Sep 23
New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending September 23, 2017

New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending September 23, 2017

New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending September 23, 2017 Source: Office of the State ComptrollerClick on text highlighted in color to access…
Sep 22
Determining a claimant's exclusion with respect to his or her eligibility for unemployment insurance benefits pursuant to Labor Law §565(2)(d)

Determining a claimant's exclusion with respect to his or her eligibility for unemployment insurance benefits pursuant to Labor Law §565(2)(d)

Determining a claimant's exclusion with respect to his or her eligibility for unemployment insurance benefits pursuant to Labor Law §565(2)(d) Matter of Clemons (Village of Freeport--Commissioner of Labor), 2017 NY Slip Op 04333,…
Sep 21
Disciplinary action follows employee's disrespectful and intimidating behavior towards superior

Disciplinary action follows employee's disrespectful and intimidating behavior towards superior

Disciplinary action follows employee's disrespectful and intimidating behavior towards superiorsOATH Index No. 2307/17A New York City job opportunity specialist [Specialist] was served with disciplinary charges pursuant to Civil Service Law…

Rank this Week: 51

Adjunct Law Prof Blog

Focuses on issues of interest to adjunct law professors, including labor law, employment law, employee benefits law and education law issues. Edited by Mitchell H. Rubinstein.

http://lawprofessors.typepad.com/adjunctprofs/

Feb 23
South Texas Law Review: Ethics in Energy and Environmental Law

South Texas Law Review: Ethics in Energy and Environmental Law

South Texas Law Review is hosting its 23rd Annual Symposium tomorrow, February 24, at the school's downtown campus. Information about this symposium is here. Craig Estlinbaum
Feb 22
Supremes Issue Major IDEA Case Concerning Exhaustion of Administrative Remedie

Supremes Issue Major IDEA Case Concerning Exhaustion of Administrative Remedie

The IDEA requires exhaustion of administrative remedies before bringing a due process complaint for the denial of a Free and Appropriate Education. But, what about a discrimination claim under the ADA or the Rehabilitation Act for the failure…
Feb 8
Missouri Becomes 28th Right To Work State

Missouri Becomes 28th Right To Work State

Governor Eric Greitens of Missouri, on Feb. 6, 2017, signed a Bill into law which makes Missouri the 28th right-to-work state. Under this new law, effective August 28, 2017, employers are barred from requiring employees to become, remain, or…

Rank this Week: 59

Connecticut Employment Law Blog

Features developments in labor and employment law. By Daniel A. Schwartz.

http://www.ctemploymentlawblog.com/

Sep 22
Does Sorry Have to be the Hardest Word in the Workplace?

Does Sorry Have to be the Hardest Word in the Workplace?

When was the last time you said you’re sorry to someone at work. Last week? Last month? Last year? Never? There isn’t a right answer to this but I was thinking about this yesterday on the Jewish New Year. Jews are asked to…
Sep 20
Department of Labor Releases New Pregnancy Discrimination Poster

Department of Labor Releases New Pregnancy Discrimination Poster

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017. In that post, I mentioned a new notice that was required to comply with the law. Although there is no set form…
Sep 20
Don’t Be THAT Person on Someone Else’s Holiday

Don’t Be THAT Person on Someone Else’s Holiday

Today marks Rosh Hashanah, the Jewish New Year and one of the holiest days of the Jewish year. But it’s a day of business to many. What should employers be doing for employees, though, that are celebrating the day? There are actually a…

Rank this Week: 193

Illinois Business Law Journal

Covers recent developments affecting business law. From the University of Illinois College of Law.

https://publish.illinois.edu/illinoisblj/

Mar 16
Keeping an AI on Technological Advances in Business Law

Keeping an AI on Technological Advances in Business Law

Source: The Economist By Elizabeth Rice Download full note here. This Note explores the role that artificial intelligence plays in the legal world today and the ways in which it may affect the legal profession in the future. …
Mar 16
Timing Brexit Right: Theresa May’s Great Political Challenge

Timing Brexit Right: Theresa May’s Great Political Challenge

Source: Andy Rain of EPA Download full note here. By Julian Jankowski The Prime Minister of the United Kingdom, Theresa May, in her expressed pursuit for a hard Brexit, faces economic, legal, and political challenges in her endeavors to…
Mar 16
Driving Solo: Solutions to the Current Patchwork of Legislation Concerning Automated Vehicle

Driving Solo: Solutions to the Current Patchwork of Legislation Concerning Automated Vehicle

Source: AP Download full note here. By Bryan Boccelli This Note argues that states across the nation should expand upon and in some cases begin to introduce legislation in regards to self-driving vehicles. Although there are currently a…

Rank this Week: 207

Florida Estate Planning Lawyer…

Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. By Law Office of David M. Goldman PLLC.

http://www.floridaestateplanninglawyerblog.com/

Jul 10
Probate and Long Term Health Care

Probate and Long Term Health Care

Most seniors do their best to prepare for the unfortunate, inevitable, outcome that one day they will pass away. They create their will, and with painstaking detail allocate their hard-earned money and assets to spouses, children,…
May 25
Alzheimer’s disease: Facts versus fiction

Alzheimer’s disease: Facts versus fiction

The number of people living with Alzheimer’s disease in the United States is growing rapidly. So, too, are the number of myths surrounding the disease and other forms of dementia. Let’s begin by looking at what we do know about…
May 22
Fair and Equal Estate Planning

Fair and Equal Estate Planning

Is Equal Fair with Estate Planning? Most of our clients want to treat their children fairly and equally. Splitting assets equally among the children may be easy, but is it fair? When dividing assets, it is often important to determine…

Rank this Week: 217

Ohio Employer's Law Blog

Provides updates and commentary on current employment law headlines and topics. By Kohrman Jackson & Krantz PLL.

http://www.ohioemployerlawblog.com/

Sep 22
WIRTW #477 (the “just another brick in the wall” edition)

WIRTW #477 (the “just another brick in the wall” edition)

I had a whole post written about Norah’s punk show last weekend, and how her performance awed me. Then this happened yesterday. At 2:54 pm I received the following email from the School of Rock general manager: Major Minors!…
Sep 21
Is LGBT discrimination finally coming to a head?

Is LGBT discrimination finally coming to a head?

Two stories this week caught my attention: EEOC Sues Malcolm S. Gerald & Associates for Sexual Orientation Discrimination; and Is the EEOC going “wishy-washy” on LGBT rights at work? The former is a press release from the…
Sep 20
The 20th nominee for the “worst employer of 2017” is … the nepotism harasser

The 20th nominee for the “worst employer of 2017” is … the nepotism harasser

Just when I think I’ve hit rock bottom with my survey of the year’s worst employers… The EEOC reports that it has sued an Illinois IHOP franchisee for sexual harassment. While the allegations are bad, what makes this…

Rank this Week: 219

Wage Law

Covers California wage and hour law. By Walsh & Walsh.

http://www.californiawagelaw.com/wage_law/

Sep 15
California's Domestic Worker Bill of Rights Becomes Permanent

California's Domestic Worker Bill of Rights Becomes Permanent

Existing law, the Domestic Worker Bill of Rights (Labor Code section 1451-1453), regulates the hours of work of domestic work employees who are personal attendants and provides an overtime compensation rate for those employees. The Domestic…
Sep 14
Changes Made to Exemptions for Elementary and Secondary School Teachers in California

Changes Made to Exemptions for Elementary and Secondary School Teachers in California

School teachers often work long hour, and are generally exemption from overtime pay under California law. However, public school teachers often enjoy high salaries and outstanding benefits. The same is not always true, however, for private…
Sep 13
California Farm Workers to Get Daily Overtime

California Farm Workers to Get Daily Overtime

AB 1066, a bill authored Assemblymember Lorena Gonzalez (D-San Diego), to provide daily overtime to California agricultural workers, has been signed into law by Governor Brown. Existing law sets wage, hour, meal break requirements, and other…

Rank this Week: 232

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/

Sep 22
Contracting for the Public Good

Contracting for the Public Good

Patience A. Crowder, Impact Transaction: Lawyering for the Public Good through Collective Impact Agreements, 49 Ind. L. Rev. 621 (2016).Eboni NelsonAlthough contracts may not immediately come to mind when one considers measures by which to…
Sep 21
An Empirical Window into Retrospective Review

An Empirical Window into Retrospective Review

Wendy Wagner, William West, Thomas McGarity & Lisa Peters, Dynamic Rulemaking, 92 N.Y.U. L. Rev. 183 (2017), available at SSRN.Christopher WalkerRetrospective review remains a hot topic in administrative law. The Administrative Conference…
Sep 20
Limitations on the Business Case for Diversity

Limitations on the Business Case for Diversity

Jamillah Bowman Williams, Breaking Down Bias: Legal Mandates vs. Corporate Interests, Wash. L. Rev. (forthcoming 2017), available on SSRN.Marcia L. McCormickThose working in antidiscrimination law are well-versed in the central role that the…

Rank this Week: 258

Whistleblower Protection Blog

Covers legal issues related to corporate malfeasance and protection of whistleblowers. Published by the National Whistleblower Legal Defense and Education Fund.

http://www.whistleblowersblog.org/

Sep 22
Thousands of Whistleblower Cases in Jeopardy

Thousands of Whistleblower Cases in Jeopardy

This term the U.S. Supreme Court will decide Digital Realty Trust v. Somers (Digital), one of the most important whistleblower cases to come before the Court in 20-years. The Chamber of Commerce and its Wall Street allies want to…
Sep 11
Whistleblower Gives Latest Review of The New Whistleblower’s Handbook

Whistleblower Gives Latest Review of The New Whistleblower’s Handbook

In the latest review of ‘The New Whistleblower’s Handbook: A Step-By-Step Guide To Doing What’s Right And Protecting Yourself’, Dennis Moore, Associate Editor of East County Magazine and a whistleblower…
Sep 8
DeVos Pick Puts at Risk Veterans and Whistleblowers at For-Profit College

DeVos Pick Puts at Risk Veterans and Whistleblowers at For-Profit College

Education Secretary Betsy DeVos has selected a former dean at DeVry University (a for-profit college) to lead the Department of Education’s Student-Aid Enforcement Unit, which was established to combat fraud in higher education. This…

Rank this Week: 273

HR & Benefits Update

Covers human resources and other workforce management, compensation and employee benefits laws, policies and practices. By Solutions Law Press.

http://slphrbenefitsupdate.com/

Sep 15
DOL Announces $40M in Hurricane Unemployment Help

DOL Announces $40M in Hurricane Unemployment Help

The U.S. Department of Labor has initially committed up to $40 million in Disaster Dislocated Worker Grant funding to Florida, Puerto Rico, and the U.S. Virgin Islands to assist in disaster response efforts after Hurricane Irma. Check the…
Sep 13
Employers Should Manage Potential Unfair Labor Practice Risks From Recording, Acceptable Use, Fighting, Integrity & Other Employment Policie

Employers Should Manage Potential Unfair Labor Practice Risks From Recording, Acceptable Use, Fighting, Integrity & Other Employment Policie

mployers beware of potential National Labor Relations Act unfair labor practices risks that may arise from their adoption or enforcement of overly broad or restrictive workplace recording, acceptable use, workplace conduct,…
Aug 29
Health Clinic At Houston Convention Center, Other HHS Help For Hurricane Harvey Victim

Health Clinic At Houston Convention Center, Other HHS Help For Hurricane Harvey Victim

Medical clinic at Houston convention center, other HHS Hurricane Harvey relief

Rank this Week: 295

ERISA Lawyer Blog

Covers employeee benefits, ERISA, and employment law. By Stanley D. Baum.

http://www.erisalawyerblog.com/

Sep 20
ERISA-Ninth Circuit Holds That ERISA Does Not Ban Lifetime Benefit Maximums For Certain Retiree-Only Plan

ERISA-Ninth Circuit Holds That ERISA Does Not Ban Lifetime Benefit Maximums For Certain Retiree-Only Plan

In King v. Blue Cross and Blue Shield of Illinois, No. 15-55880 (9th Cir. 2017), upon reviewing the decision of the district court, a panel for the Ninth Circuit Court of Appeals (the “Panel”) held as follows. First, the Panel…
Sep 19
ERISA-Third Circuit Grants Deference To The Plan Administrator And Upholds Its Decision As To The Amount Of Benefit

ERISA-Third Circuit Grants Deference To The Plan Administrator And Upholds Its Decision As To The Amount Of Benefit

In Dowling v. Pension Plan for Salaried Employees of Union Pac. Corp. & Affiliates, No. 16-1977 (3rd Cir. 2017), former Union Pacific employee, John Dowling (“Dowling”), is covered by a 277-page retirement plan composed of…
Sep 13
ERISA-Eighth Circuit Holds That Employer Was Precluded From Denying Liability To Pay Fringe-Benefit Contribution

ERISA-Eighth Circuit Holds That Employer Was Precluded From Denying Liability To Pay Fringe-Benefit Contribution

In Twin City Pipe Trades Service Association, Inc. v. Wenner Quality Services, Inc., No.16-1791 (8th Cir. 2017), Twin City Pipe Trades Service Association, Inc. (the “Association”) is attempting to recover unpaid fringe-benefit…

Rank this Week: 344

WKL&B WOrkDay Blog

Covers labor and employment law developments. By Wolters Kluwer.

http://www.employmentlawdaily.com/index.php/blog

Sep 22
In calculating overtime, failure to aggregate hours of workers with two part-time jobs not ‘willful’

In calculating overtime, failure to aggregate hours of workers with two part-time jobs not ‘willful’

By Ronald Miller, J.D. Agreeing with a district court that certain county employees did not present enough evidence to avoid a directed verdict on the county’s “willfulness” in failing to aggregate hours worked by employees…
Sep 22
EEOC nominees don’t appear committed to prior Title VII policy on LGBT discrimination

EEOC nominees don’t appear committed to prior Title VII policy on LGBT discrimination

By Pamela Wolf, J.D. On September 19, 2017, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing that included testimony from President Donald Trump’s nominees to serve as EEOC Commissioners, Janet Dhillon…
Sep 22
EEOC advances pattern or practice claim that affiliated companies favored Hispanic applicant

EEOC advances pattern or practice claim that affiliated companies favored Hispanic applicant

By Marjorie Johnson, J.D. The EEOC plausibly alleged that an employer and its affiliated companies maintained a policy of giving hiring preference to Hispanic and Spanish-speaking applicants. Denying the defendants’ motion to dismiss, a…

Rank this Week: 395

Lisa Law View

Covers labor and employment law issues.

http://lisahome.blogspot.com/

May 7
Trump’s Immigration Crackdown Might Exerts Impact on California’s Economy

Trump’s Immigration Crackdown Might Exerts Impact on California’s Economy

As the Trump Administration cracked down on undocumented immigrants, the undocumented workers in California would feel vulnerable and be impacted by related policies and regulations recently. Undocumented workers account for a huge portion of…
Mar 26
Will Overtime Laws Change with Trump Presidency?

Will Overtime Laws Change with Trump Presidency?

President Trump’s pick for Secretary of Labor, CKE Restaurants CEO Andy Puzder, withdrew his nomination in February 15. The withdrawal comes after controversies over his employing an undocumented immigrant to clean his home…
Feb 12
Labor Law: Anticipated Changes Under Trump Administration

Labor Law: Anticipated Changes Under Trump Administration

The 45th president was inaugurated last month, but the Secretary of Labor position still must be confirmed. President Trump’s selection for the position, Andy Puzder, is the CEO of CKE Restaurants, the parent company of Carl's Jr. and…

Rank this Week: 402

San Antonio Employment Law Blog

Discuss labor and employment law issues for the San Antonio, Texas community. By Thomas J. Crane.

http://www.sanantonioemploymentlawblog.com/

Sep 19
Excluding Medical Coverage Amounted to Retaliation

Excluding Medical Coverage Amounted to Retaliation

In Whitley v. Dr. Pepper Snapple Group, Inc., 2017 LEXIS 68040 (E.D. Tex. 2017), the Plaintiff’s son was diagnosed with autism spectrum disorder in September, 2015. Amy Whitley claimed Dr. Pepper discriminated against her because…
Sep 14
Employees Cannot Sue Laboratory for Drug Test Error

Employees Cannot Sue Laboratory for Drug Test Error

Many employers require drug tests for their employees. What happens when the drug testing laboratory commits an error regarding the test? Failing a drug test can result in termination. That is what happened in Exxon Mobil Corp. v. Rincones,…
Sep 11
Bolling Out at Fox New

Bolling Out at Fox New

So, Eric Bolling is out at Fox News. Yet another Fox News personality is gone due to allegations of sex harassment. See CNN news report. I previously wrote about Mr. Boling’s troubles here. Mr. Bolling was accused of sending lewd text…

Rank this Week: 405

Doorey's Law of Work Blog

Covers Canadian labour and employment law. By Professor David Doorey.

http://lawofwork.ca/

Sep 14
Announcing the New “Law of Work Best Paper Award”

Announcing the New “Law of Work Best Paper Award”

I’m very excited to announce the new annual Law of Work Best Paper Award, which will be awarded to the best paper submitted to the annual conference of the Canadian Industrial Relations Association (CIRA) that deals with subject matter…
Sep 12
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There is a long proud line of labour reporters who over the years have influenced labour policy by shining a spotlight on abusive labour practices. As the newspaper industry for survival in the electronic age, labour reporters have been…
Sep 8
Can an Employer Order a Female Employee to Wear a Bra at Work?

Can an Employer Order a Female Employee to Wear a Bra at Work?

A server at East Side Mario’s restaurant in Timmins is in the news this week alleging that her employer is requiring her to wear a bra at work as part of the company’s dress code. Here’s a passage from the CBC print…

Rank this Week: 408

Employment & Labor Insider

Discusses timely issues in labor and employment law and human resources from management's perspective, with subjects ranging from discrimination to employee handbooks and religious accommodations. By Constangy, Brooks & Smith, LLP.

http://www.employmentandlaborinsider.com/

Sep 22
Trump’s EEOC nominations are rocking along – and here’s what we can expect

Trump’s EEOC nominations are rocking along – and here’s what we can expect

With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic,…
Sep 21
Employers, I’m on your side — so watch out! ;-)

Employers, I’m on your side — so watch out! ;-)

At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget…
Sep 20
OFCCP offers more hurricane relief

OFCCP offers more hurricane relief

On the heels of the exemption for Hurricane Harvey contractors, and given the additional widespread destruction caused by Hurricane Irma, the federal government has extended a deadline affecting federal contractors and subcontractors.…

Rank this Week: 420

MBBP's Good Company

Covers news, events and developments in business, intellectual property, employment law. By Morse, Barnes-Brown & Pendleton.

http://blogmbbp.wordpress.com

Sep 22
OCIE Issues Risk Alert on Misleading Advertising Practice

OCIE Issues Risk Alert on Misleading Advertising Practice

By: Josh Watson The SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert on September 14, 2017 identifying misleading advertising practices that examiners have found during examinations of registered…
Sep 21
Attack of the Indirect Investor

Attack of the Indirect Investor

A company’s indirect investors may sue the company and its principals for fraud, according to a recent federal court ruling in Robert Colman et al. v. Theranos Inc. et al. Private funds attorney Josh Watson discusses the case…
Sep 19
John Hession Speaking on Panel at AUTM 2017 Eastern Region Meeting

John Hession Speaking on Panel at AUTM 2017 Eastern Region Meeting

At the Association of University Technology Managers (AUTM) Eastern Region Meeting, corporate attorney John Hession will participate on the panel “Title Founders and Initial Equity Distribution for Startups.” The panel will…

Rank this Week: 498

Thoughts from a Management Lawyer

Covers Canadian labour and employment law. By Michael Fitzgibbon.

http://labourlawblog.typepad.com/managementupdates/

Feb 21
Bonus Eligibility Tied to Active Employment

Bonus Eligibility Tied to Active Employment

The Ontario Court of Appeal released a decision in Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (CanLII) that should have employers pulling out and reviewing their incentive plans, including bonus, STIP, LTIP, stock options and whatever…
Feb 17
Enforceability of Employment Contracts a Comprehensive Case

Enforceability of Employment Contracts a Comprehensive Case

Please take some time to make your way through Cook v. Hatch Ltd., 2017 ONSC 47. It’s a well reasoned and thoughtful decision that injects some common sense into the enforceability of contractual termination clause discussion. The…
Feb 16
Sale of a Business and Intermingling under the Labour Relations Act, 1995

Sale of a Business and Intermingling under the Labour Relations Act, 1995

The Ontario Labour Relations Board (“OLRB”) considered the sale of a business provisions in the Labour Relations Act, 1995 in ADT Security Services Canada, Inc. v Unifor Local 554, 2017 CanLII 4481 (ON LRB). ADT (a unionized…

Rank this Week: 501

Whistleblower Law Blog

Covers legislation, news and cases for whistleblowers and those who represent them. By The Employment Group.

https://www.employmentlawgroup.com/in-the-news/whistleblower-law-blog/

Rank this Week: 516

HR Watchdog

Covers California employment laws. By the California Chamber of Commerce.

http://hrwatchdog.calchamber.com/

Sep 22
October 1: New Local Ordinance, Minimum Wage Hike and Updated Poster for Employers in Berkeley

October 1: New Local Ordinance, Minimum Wage Hike and Updated Poster for Employers in Berkeley

This fall, employers who have employees in the City of Berkeley will have a new local ordinance, a minimum wage hike and a new poster. On October 1, 2017, Berkeley’s Paid Sick Leave (PSL) ordinance goes into effect, and Berkeley’s…
Sep 21
CalChamber-Opposed Employment Law Bills Await Action by Governor

CalChamber-Opposed Employment Law Bills Await Action by Governor

Quite a few employment-related bills have passed the Legislature. Five bills that could significantly affect California employers are on the Governor’s desk awaiting review and action. Two of the bills are particularly damaging to…
Sep 19
Comments on Proposed National Origin Regulations Due by September 27

Comments on Proposed National Origin Regulations Due by September 27

As reported earlier, California’s Fair Employment and Housing Council has proposed amendments to the state Fair Employment and Housing Act (FEHA) to specifically address national origin protections. The draft regulations discuss the…

Rank this Week: 522

The California Wage and Hour Law…

The California Wage and Hour Law Blog for Employees

Covers overtime, meal breaks, rest breaks, and pay checks. By Steven G. Pearl.

http://cawageandhourlaw.blogspot.com/

Jan 16
Laffitte v. Robert Half Int'l: Supreme Court Approves Attorney Fees Calculated as Percentage of Common Fund Class Action Settlement

Laffitte v. Robert Half Int'l: Supreme Court Approves Attorney Fees Calculated as Percentage of Common Fund Class Action Settlement

In Laffitte v. Robert Half International, Inc. (2016) 1 Cal.5th 480, the California Supreme Court upheld an award of common fund attorney fees in a class action settlement. The introduction to the opinion gives a good summary of the facts and…
Jan 12
New Labor Code Section Targets Choice-of-Law, Choice-of-Venue Provision

New Labor Code Section Targets Choice-of-Law, Choice-of-Venue Provision

On September 25, 2016, Governor Brown signed into law Senate Bill 1241, enacting new Labor Code section 925. Effective January 1, 2017, section 925 provides as follows: (a) An employer shall not require an employee who primarily resides and…
Jan 9
Sandquist v. Lebo Automotive: Under Arbitration Agreement at Issue, Arbitrator Decides Whether Class Arbitration is Available

Sandquist v. Lebo Automotive: Under Arbitration Agreement at Issue, Arbitrator Decides Whether Class Arbitration is Available

The California Supreme Court has issued an important decision on the availability of class arbitration: Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233. Timothy Sandquist worked for Lebo Automotive, Inc., as a car salesman. On…

Rank this Week: 530

Wrongful Dismissal and Employment…

Wrongful Dismissal and Employment Law Blog

Discusses wrongful dismissal and employment law issues affecting Canadian employers and employees. By Whitten & Lublin.

http://blog.toronto-employmentlawyer.com/

Sep 18
What is Ethnic Discrimination in the Workplace?

What is Ethnic Discrimination in the Workplace?

Ethnic discrimination occurs when an employee is treated different than his or her colleagues based on their ethnicity in a manner that is unfair. A person’s ethnicity refers to the national, cultural or religious group(s) to which they…
Sep 18
How to Deal With Workplace Violence

How to Deal With Workplace Violence

It is exceedingly important that businesses have clear policies and procedures in place to address workplace violence, which comply with the statutes that govern workplace violence – including the Ontario Occupational Health and Safety…
Sep 11
Can attending a white supremacist rally be grounds for dismissal?

Can attending a white supremacist rally be grounds for dismissal?

After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly fired, Canadian employers are asking, “Can attending a white supremacist rally be grounds for…

Rank this Week: 535

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/

Sep 19
Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a…
Sep 15
New Class Action Litigation Risks – What Businesses Need To Know

New Class Action Litigation Risks – What Businesses Need To Know

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.” In this Vlog, Seyfarth…
Sep 1
Seventh Circuit Rejects And Lambasts “Worthless” Settlement For Class Of Subway Sandwich Purchaser

Seventh Circuit Rejects And Lambasts “Worthless” Settlement For Class Of Subway Sandwich Purchaser

By Gerald L. Maatman, Jr. and John S. Marrese Seyfarth Synopsis: In In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir. Aug. 25, 2017), the U.S. Court of Appeals for the Seventh Circuit…

Rank this Week: 543

Employer Law Report

Covers recent legal developments and trends affecting employers. By Porter Wright Morris & Arthur LLP.

http://www.employerlawreport.com/

Sep 12
Workers’ Compensation Law Change

Workers’ Compensation Law Change

Recently, Gov. Kasich signed into law the workers’ compensation budget. In addition to funding the Ohio Bureau of Workers’ Compensation (BWC), the bill enacted a number of substantive changes to the law. These changes are…
Sep 11
Texas district court strikes down Obama DOL’s proposed overtime rule

Texas district court strikes down Obama DOL’s proposed overtime rule

Many thanks to Arslan Sheikh for his assistance in preparing this post. Last week, a federal judge in Texas struck down a proposed Obama-era rule that would have expanded the number of workers who qualify for overtime pay under the Fair Labor…
Aug 25
Employer alert: Revised I-9 form required beginning Sept. 18, 2017

Employer alert: Revised I-9 form required beginning Sept. 18, 2017

United States Citizenship and Immigration Services (USCIS) is again releasing a new and updated version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and…

Rank this Week: 546

Overtime Law Blog

Reviews FLSA cases. By Andrew Frisch.

http://flsaovertimelaw.com/

Jun 27
USDOL Announces the Reinstatement of Issuance of Opinion Letter

USDOL Announces the Reinstatement of Issuance of Opinion Letter

The U.S. Department of Labor announced today that it will reinstate the issuance of opinion letters, a practice that was widespread under some prior administrations, but which it elected to forego during the Obama administration. In an…
Jun 23
9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

Arias v. Raimondo This case presented an issue of first impression: Can an employer’s attorney be held liable for retaliating against his client’s employee because the employee sued his client for violations of workplace…
Oct 9
3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

3d Cir.: Paid Meal Breaks Included as Hours Worked Are Not an Offset to Unpaid Overtime

Smiley v. E.I. Dupont De Nemours and Co., et al. This case was before the Third Circuit on the plaintiffs-employees’ appeal of the district court’s order granting the defendants-employers summary judgment. Plaintiffs sought…

Rank this Week: 573

Lawffice Space

Covers employment laws and cases. By Philip Miles.

http://www.lawfficespace.com/

Sep 18
Third Circuit: Who's a "supervisor" for harassment claims?

Third Circuit: Who's a "supervisor" for harassment claims?

Yes, the Supreme Court already answered this question in Vance v. Ball State Univ., holding per the syllabus that:An employee is a “supervisor” for purposes of vicarious liability under Title VII only if he or she is empowered by…
Sep 1
Third Circuit on Title VII, ADA, and 1983 claim

Third Circuit on Title VII, ADA, and 1983 claim

Yesterday, the Third Circuit issued a precedential opinion in Williams v. PHRC. Williams sued the PHRC for allegedly discriminating against her based on her race and disability. Generally, under 42 U.S.C. §1983, people can sue state…
Aug 15
Can employers fire employees for attending Charlottesville protests?

Can employers fire employees for attending Charlottesville protests?

I'm sure you've already heard about the violence in Charlottesville this past weekend, and you've probably heard about the efforts to get the white supremacist protesters fired. Is is legal for employers to fire employees for attending the…

Rank this Week: 589

Restaurant Worker News Blog

Covers employment law issues in the restaurant industry. By Berke-Weiss & Pechman LLP.

http://waiterpay.com/blog/

Sep 20
TGI Friday’s Settles Wage Theft Case for $19.1 Million

TGI Friday’s Settles Wage Theft Case for $19.1 Million

A nationwide wage theft lawsuit against TGI Friday’s has been settled for $19.1 million according to a court filing by the workers’ attorneys in New York federal court. The settlement, which covers 28,000 restaurant workers, is a…
Sep 15
Jessica Biel’s Restaurant Hit with $430k Wage Theft Lawsuit

Jessica Biel’s Restaurant Hit with $430k Wage Theft Lawsuit

Au Fudge, an upscale Los Angeles restaurant owned by actress Jessica Biel, was hit with a wage theft lawsuit claiming the restaurant withheld over $430,000 in tips from staff during events. Described by the Los Angeles Times as an…
Sep 13
Los Angeles Restaurant Sued by EEOC For Pregnancy Discrimination

Los Angeles Restaurant Sued by EEOC For Pregnancy Discrimination

LA Louisanne, a popular Los Angeles restaurant and jazz night club, fired an employee because of her pregnancy, according to a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the…

Rank this Week: 599

Labor Relations Today

Provides analysis, resources and commentary on developments in traditional labor law. By McKenna Long & Aldridge.

http://www.laborrelationstoday.com/

Aug 13
Fired Google Manifesto Author Files Unfair Labor Practice Charge: Did He Engage In Protected Activity?

Fired Google Manifesto Author Files Unfair Labor Practice Charge: Did He Engage In Protected Activity?

A Google engineer was fired last week after circulating a 3,000 word memorandum, among other things, criticizing the tech giant’s approach to diversity issues and questioning the root causes of the industry’s gender gaps. He…
Aug 10
National Labor Relations Board Now Has Four Of Five Seats Filled

National Labor Relations Board Now Has Four Of Five Seats Filled

Marvin Kaplan was sworn in today to his seat on the National Labor Relations Board. Mr. Kaplan was confirmed by the Senate on August 2, 2017, and will serve a term which lasts until August of 2020. According to the Board’s press…
Jul 13
En Banc Eighth Circuit Reverses National Labor Relations Board’s “Sick Day” Jimmy John’s Decision

En Banc Eighth Circuit Reverses National Labor Relations Board’s “Sick Day” Jimmy John’s Decision

On July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit, sitting en banc, rejected the reasoning of an ALJ, the NLRB, and a panel of the Eighth Circuit regarding whether Jimmy John’s employees could hang posters at work…

Rank this Week: 659

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/

Apr 14
The Implementation of Electronic Filing in the Court

The Implementation of Electronic Filing in the Court

In this day of technology, it is no surprise that the court systems are moving to using an Electronic Document Management System (EDMS for short) for parties to file documents with the Court, without even setting foot in the Courthouse. The…
Apr 14
Service by Facebook?

Service by Facebook?

A New York judge recently entered an Order allowing a woman to serve her husband divorce papers via Facebook. In Iowa, generally, a competent adult must accept service or be served in-person in order accomplish proper…
Mar 19
Interactive Process in Action

Interactive Process in Action

If you’re not sure what the interactive process is supposed to look like under the ADA, peruse the facts of the 8th Circuit’s decision in Minnihan v. Mediacom. I’m also going to summarize the facts below, but if you…

Rank this Week: 703

George's Employment Blawg

Features news, analysis and comments on labor & employment law, human resources, and other work-related topics. By George Lenard.

http://www.employmentblawg.com

Jan 19
Short Course in Labor History

Short Course in Labor History

Unions have typically grown in rapid spurts, very “short periods of social upheaval punctuated by major demonstrations and strikes.” The 1920s were an especially dark period for U.S. labor. Membership fell by a third in the time…
Dec 6
How to Become an Accountant or CPA

How to Become an Accountant or CPA

The main difference between an accountant and a Certified Public Accountant (CPA) is the qualifications of a CPA that works in the accounting departments of businesses. Becoming a CPA requires advanced education, formal certification and a…
Dec 6
What’s So Great About Being an Accountant?

What’s So Great About Being an Accountant?

Accountants help manage businesses’ finances, protect the company from auditors, and assure everyone gets a paycheck. Working in the field of accounting and finance comes with lots of perks. One of which being the variety industries…

Rank this Week: 709

Hunton Employment & Labor Law…

Hunton Employment & Labor Law Perspectives

Analyzes and covers developments in employment and labor issues. By Hunton & Williams.

http://www.huntonlaborblog.com/

Sep 12
Federal Judge Invalidates Obama-Era Department of Labor Overtime Rule

Federal Judge Invalidates Obama-Era Department of Labor Overtime Rule

On August 31, 2017, a federal district court judge in Texas struck down the Department of Labor’s Obama-era controversial 2016 rule that raised the minimum salary threshold required to qualify for the Fair Labor Standards Act’s…
Aug 31
White House Blocks New EEO-1 Wage Reporting Requirement

White House Blocks New EEO-1 Wage Reporting Requirement

The day employers have been waiting for, has finally arrived. The government has indefinitely stayed the requirement that companies begin reporting “Component 2” wage data in their EEO-1 Reports. Companies around the country are…
Aug 30
Employee Fired For Being “Too Cute” States A Claim For Gender Discrimination

Employee Fired For Being “Too Cute” States A Claim For Gender Discrimination

A New York Appellate decision issued last week—finding that firing an employee for being sexually attractive states a claim for gender discrimination—exemplifies the broad interpretation of discrimination laws in recent…

Rank this Week: 713

New York Civil Service Attorney…

New York Civil Service Attorney Law Blog

Covers employment and discrimination issues related to civil service. By the Law Offices of Kevin P. Sheerin.

http://civilservice.sheerinlaw.com/

Jun 16
Article 78 for teaching license reinstatement denied

Article 78 for teaching license reinstatement denied

Petitioner retired while 3020a disciplinary charges were pending against him. The Appellate Division Second Department held that the teacher was presumed to have known the Chancellor’s rule that you cannot have your license…
Jun 16
Medical Appeals and Reinstatement Civil Service Law 71/72/73

Medical Appeals and Reinstatement Civil Service Law 71/72/73

To protect your job you may have to apply for reinstatement after being place on Section 72 leave. You would need to fill out DCAS’s Medical Reinstatement form. Along with the form you may have to attach the relevant…
Jun 14
Was revocation of Alcohol Counselor’s clearance because of old convictions proper?

Was revocation of Alcohol Counselor’s clearance because of old convictions proper?

This was the recently issue in an Article 78 suit brought of remedy a security clearance revocation for old criminal convictions. The Court addressed the issue of whether an alcohol counselor was seeking “membership”…

Rank this Week: 720

Pennsylvania Labor and Employment…

Pennsylvania Labor and Employment Blog

Covers employment and labor law issues. By McNees Wallace & Nurick LLC.

http://www.palaborandemploymentblog.com/

Sep 13
Recent Pennsylvania Court Decision Highlights Enforceability of Non-Solicitation Agreement

Recent Pennsylvania Court Decision Highlights Enforceability of Non-Solicitation Agreement

Every year, Pennsylvania’s appellate courts seem to issue a handful of decisions addressing the enforceability of non-compete agreements. However, there are relatively few court decisions addressing non-solicitation agreements. A…
Sep 6
White House Office of Management and Budget Hits the Pause Button on EEO-1 Compensation Data Requirement

White House Office of Management and Budget Hits the Pause Button on EEO-1 Compensation Data Requirement

Employers with 100 or more employees (and federal contractors with 50 or more employees) must submit an EEO-1 Report annually, detailing the race, gender, and ethnicity of its workforce. In September of 2016, the Equal Employment Opportunity…
Sep 6
The End is Here (or Near) – District Court Formally Strikes Down 2016 FLSA Overtime Regulation

The End is Here (or Near) – District Court Formally Strikes Down 2016 FLSA Overtime Regulation

On August 31, 2017, Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas issued an order holding that the 2016 Fair Labor Standards Act white-collar overtime exemption regulations were invalid. In…

Rank this Week: 724

Legal Developments In…

Legal Developments In Non-Competition Agreements

Reviews recent cases involving non-competition agreements and related claims. By Kenneth J. Vanko.

http://www.non-competes.com/

Sep 19
The Farewell to Judge Posner: Ten Opinions for Non-Compete Lawyers to Read

The Farewell to Judge Posner: Ten Opinions for Non-Compete Lawyers to Read

Less than two weeks ago, Judge Richard Posner left the Seventh Circuit Court of Appeals. Immediately. No senior status. No notice. Just up and left. Presumably to hang out with his cat, Pixie.And like that, the most widely cited appellate…
Sep 7
Judicial Engagement and Non-Compete Litigation

Judicial Engagement and Non-Compete Litigation

The lack of judicial engagement is a serious thing - particularly in competition disputes.What do I mean by judicial engagement? For simplicity, I mean a bridge between judicial activism and judicial restraint. It's a method of evaluating and…
Sep 1
The Reading List (2017, No. 25): Eighth Circuit Affirms Damages Award in West Plains Litigation

The Reading List (2017, No. 25): Eighth Circuit Affirms Damages Award in West Plains Litigation

Non-Compete and Trade Secrets News for the week ended September 1, 2017***Jury Verdict Affirmed in West Plains LitigationThe Nebraska case of West Plains, LLC v. Retzlaff Grain is unique in that it belongs in the limited group of…

Rank this Week: 728

Texas Employment Law Blog

Covers employment law and discrimination issues. By the McKinney Law Firm.

http://www.texasemploymentlawblog.com/

Aug 31
Tort Reform Is A Lie: Hot Coffee Still Being Used to Mislead

Tort Reform Is A Lie: Hot Coffee Still Being Used to Mislead

Here's the lie:The lies used to support corporate efforts to continue to restrict regular people's access to the courthouse are powerful. And, sadly, they work. Routinely, potential clients who are sitting in my office will reference the…
Jul 5
Fox Running the Hen House -- Trump Nominates Corporate Lawyer as EEOC Chair

Fox Running the Hen House -- Trump Nominates Corporate Lawyer as EEOC Chair

Janet Dhillon, general counsel and corporate secretary for Burlington Stores, Inc., has been nominated by President Trump to fill a vacant seat on the Equal Employment Opportunity Commission and to become its Chair. If confirmed, Ms. Dhillon…
Jun 27
Ignoring A Non-Compete Or Retention Agreement Can Cost You Serious Money

Ignoring A Non-Compete Or Retention Agreement Can Cost You Serious Money

Story in the HoustonPress reports a former employee of the popular Buc-ee's convenience store chain is being sued for more than $60,000.00 for allegedly violating what is called a retention agreement. …

Rank this Week: 757

Jottings By An Employer's Lawyer

Covers employment law cases. By Michael Fox.

http://employerslawyer.blogspot.com/

Apr 26
After 42 Years, It's Nice to Know That I Might Be Qualified for Something

After 42 Years, It's Nice to Know That I Might Be Qualified for Something

In this morning's mail box ...Michael, BCG Attorney Search noticed that the following job might suit your qualifications and experience. We are pleased to provide you with the latest jobs from your preferred geographic location and practice…
Mar 7
The Concept of Fallow Ground and Other Musing

The Concept of Fallow Ground and Other Musing

More than one year has passed since my last post, and the two or three years before were little more productive. Still for some reason, hopefully more noble than ego, I have chosen not to kill off this spot on the internet.Like the biblical…
Feb 24
An Unusual Condition of Employment - You Must Be Armed

An Unusual Condition of Employment - You Must Be Armed

A basic tenet of American employment law is that employment is at will, meaning that the employer can set the conditions of employment as long as it is not otherwise illegal.A Georgia businessman who provides aviation insurance has a new one:…

Rank this Week: 760

Impact Litigation Journal

Provides commentary and analysis about legal issues relating to class actions and other representative litigation in the areas of consumer and employment law. By Initiative Legal Group APC.

http://www.impactlitigation.com/

Sep 18
Sprunk v. Prisma LLC: Strategic Delay by Defendant Risks Arbitration Waiver

Sprunk v. Prisma LLC: Strategic Delay by Defendant Risks Arbitration Waiver

In a decision likely to spur defendants to make immediate motions to compel arbitration in class actions, the California Court of Appeal, Second District, found that a defendant who chose to wait for class certification before seeking…
Sep 6
9th Cir. Shuts Down Finish Line’s Attempt to Arbitrate Pregnancy Suit

9th Cir. Shuts Down Finish Line’s Attempt to Arbitrate Pregnancy Suit

In an unpublished decision, the Ninth Circuit Court of Appeals recently determined that The Finish Line, Inc., an athletic retailer, cannot arbitrate a former associate’s pregnancy discrimination claim, finding the company’s…
Aug 30
Williams v. Marshalls of CA: PAGA Plaintiffs Entitled to Broad Discovery Right

Williams v. Marshalls of CA: PAGA Plaintiffs Entitled to Broad Discovery Right

On July 13, 2017, in a unanimous opinion, the California Supreme Court affirmed PAGA plaintiffs’ broad rights to discovery under the Civil Discovery Act. Williams v. Marshalls of CA, LLC, No. S227228 __ Cal.5th __ (July 13, 2017) (slip…

Rank this Week: 783

Workplace Privacy Counsel

Covers employment related privacy issues. Published by Philip Gordon of Littler Mendelson's Privacy and Data Protection Practice Group.

http://www.littler.com/blog/workplace-privacy-counsel

Apr 17
Georgia Becomes 26th Jurisdiction to Decriminalize Medical Marijuana

Georgia Becomes 26th Jurisdiction to Decriminalize Medical Marijuana

Dale L. Deitchler With the enactment of “Haleigh’s Hope Act” on Thursday, April 16, 2015, Georgia became the 26th jurisdiction to decriminalize medical marijuana use. The Act, which became…
Mar 30
Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Account

Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Account

As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards protecting applicants' and employees' personal online…
Mar 17
Hawaii Supreme Court Considers Medical Center's Decision to Reject Job Applicant with Felony Drug Conviction

Hawaii Supreme Court Considers Medical Center's Decision to Reject Job Applicant with Felony Drug Conviction

Jennifer L. Mora In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts…

Rank this Week: 784

California Labor and Employment…

California Labor and Employment Defense Blog

Covers labor and employment law issues for employers. By Van Vleck Turner & Zaller.

http://www.vtzlawblog.com/

Feb 14
New Labor Code § 925 Limits Contractual Choice of Law in Employment Contract

New Labor Code § 925 Limits Contractual Choice of Law in Employment Contract

Starting on January 1, 2017, Labor Code section 925 is in effect. The statute limits the enforcement of contracts that would require California employees to litigate their disputes with an employer in a venue outside California, or…
Dec 29
Class Certification is Proper Means for Testing the Adequacy of Employer's Meal and Rest Policies -- Lubin v. Wackenhut, Corp.

Class Certification is Proper Means for Testing the Adequacy of Employer's Meal and Rest Policies -- Lubin v. Wackenhut, Corp.

In Lubin v. The Wackenhut Corp., the plaintiffs were security guards who claimed they should be certified as a class because their employer maintained a consistent policy of requiring them to remain constantly on-duty throughout…
Dec 27
Employees Cannot be "On-Call" During Rest Breaks -- Augustus v. ABM Security Services, Inc.

Employees Cannot be "On-Call" During Rest Breaks -- Augustus v. ABM Security Services, Inc.

In its 2014 decision of Brinker v. Superior Court, the California Supreme Court explained that employees must be "relieved of all duties" during their statutorily required 30-minute meal periods. Since that time, however, courts…

Rank this Week: 806

The Employer Handbook

Covers labor and employment law of PA, NJ and DE businesses. By Eric B. Meyer.

http://www.theemployerhandbook.com/

Sep 22
This military hospital’s social media cluster-you-know-what checks all the wrong boxe

This military hospital’s social media cluster-you-know-what checks all the wrong boxe

Originally, I was toying with titling this post, “What Employers Can Learn From Military Nurses Who Pose Newborns Dancing to 50 Cent, Give Them The Finger, And Then Snap A Video And Photo Captioned, ‘How I currently feel about…
Sep 21
In the Third Circuit, willful FLSA violations are as common as spotting a unicorn sliding down a rainbow into a leprechaun’s pot of gold as pigs fly by.

In the Third Circuit, willful FLSA violations are as common as spotting a unicorn sliding down a rainbow into a leprechaun’s pot of gold as pigs fly by.

If an employer violates the Fair Labor Standards Act, like by not paying overtime, the plaintiff(s) can generally recover two years of unpaid overtime for the two years preceding the lawsuit. Those plaintiffs may also recover liquidated…
Sep 20
Is the EEOC going “wishy-washy” on LGBT rights at work?

Is the EEOC going “wishy-washy” on LGBT rights at work?

The U.S. Equal Employment Opportunity Commission believes that discrimination based on LGBT status amounts to sex discrimination. Sex discrimination is unlawful under Title VII of the Civil Rights Act of 1964. However, some recent comments…

Rank this Week: 814

The Federal FMLA Blog

Covers Family and Medical Leave Act developments affecting the federal sector. By Carl Bosland.

http://federalfmla.typepad.com/federal_fmla_blog/

Jan 7
"Heads-Up" that Employee "Might" Need FMLA Leave Insufficient to Invoke FMLA Protection

"Heads-Up" that Employee "Might" Need FMLA Leave Insufficient to Invoke FMLA Protection

Upon learning that his wife was pregnancy and due in early 2008, Chad Wilson told his supervisor that he might need to take leave to care for his newborn if his mother-in-law was unavailable. Wilson was subsequently terminated for…
Nov 29
OPM Issues Proposed Qualifying Exigency Military Family Leave Regulation

OPM Issues Proposed Qualifying Exigency Military Family Leave Regulation

On November 19, 2010, the US OPM published proposed regulations governing qualifying exigency military family leave (QE leave). SEe 75 FR 70845-70850 (Nov.
Oct 8
OPM Advises Agencies to Use Revised DOL Medical Certification Forms: Proceed with Caution!

OPM Advises Agencies to Use Revised DOL Medical Certification Forms: Proceed with Caution!

On September 16, 2010, OPM announced that it was encouraging federal agencies to use the new DOL medical certification forms WH-380E (for the employee's own serious health condition) and WH-380F (for the serious health condition of covered…

Rank this Week: 823

New Jersey Public Safety Officers…

New Jersey Public Safety Officers Law Blog

Covers employment issues related to corrections officers, firefighters, and police officers in New Jersey. By Frank M. Crivelli of Arpaia and Crivelli.

http://www.njpublicsafetyofficers.com/

Sep 22
New Jersey Does Not Need the Republicans Legislating the 2% Salary Cap Out of Fear of November’s Impending Gubernatorial Election Result

New Jersey Does Not Need the Republicans Legislating the 2% Salary Cap Out of Fear of November’s Impending Gubernatorial Election Result

Over the past several days, the minority leaders of the New Jersey State Legislature have become increasingly vocal in their demands to renew what is commonly called the Interest Arbitration Salary Cap. The Interest Arbitration Salary…
Aug 2
New Jersey State Employees to Receive Back Pay For Time Away From Work Due To Government Shutdown

New Jersey State Employees to Receive Back Pay For Time Away From Work Due To Government Shutdown

As reported by NJ 101.5, Governor Chris Christie has signed the bill granting back pay to state workers to cover the wages lost during the three-day partial government shutdown at the start of July. An estimated 30,000 to 35,000 workers were…
Jul 24
3rd Circuit Rules that Citizens Have The Right to Film Law Enforcement Officer

3rd Circuit Rules that Citizens Have The Right to Film Law Enforcement Officer

As reported in the New Jersey Law Journal, in the case entitled Fields v. City of Philadelphia, the U.S. Court of Appeals for the Third Circuit recently joined five other circuits in ruling that the First Amendment protects…

Rank this Week: 833

Arbitration Matters

Covers recent developments in labor arbitration. By John H. Curley.

https://arbitrationmatters.blogspot.com

Sep 24
Last Chance Agreements- Arbitrability of triggering event

Last Chance Agreements- Arbitrability of triggering event

Dontay Stokes was employed by Cenveo Corporation. In December of 2015, his employment was terminated for violation of the Company's Workplace Violence Policy. The termination was grieved and Cenveo and the Union (USW) entered into a Last…
Sep 17
Quick Hits - Fundamental fairness, racial profiling and sex with a (former) student

Quick Hits - Fundamental fairness, racial profiling and sex with a (former) student

The ongoing dispute about the discipline of Ezekiel ElliottDallas Cowboy Ezekiel Elliott was notified that he was suspended for six games. The suspension was related to allegations of domestic violence. The propriety of that discipline was…
Sep 10
Arbitration panel upholds denial of recall because of 13 year old conviction

Arbitration panel upholds denial of recall because of 13 year old conviction

A Public Law Board including Neutral Joan Parker has rejected a claim that CSX Transportation improperly denied recall in 2014 to a furloughed employee because of his arrest and plea of guilty to a charge of involuntary manslaughter…

Rank this Week: 850

New York Employment Attorneys Blog

Covers employment discrimination, severance, wage violations, sexual harassment and civil rights. By The Harman Firm, LLP.

http://www.newyorkemploymentattorneysblog.com/

Sep 22
Uber Drivers’ Time Spent “On Call” May Be Compensable Under FLSA

Uber Drivers’ Time Spent “On Call” May Be Compensable Under FLSA

Lev Craig Last week, on September 13, 2017, the U.S. District Court for the Eastern District of Pennsylvania denied Uber’s motion for partial summary judgment in Razak v. Uber Technologies, Inc. This decision allows a putative class of…
Sep 21
U.S. Supreme Court Asked to Address Sexual Orientation Discrimination Under Title VII

U.S. Supreme Court Asked to Address Sexual Orientation Discrimination Under Title VII

Owen H. Laird The Harman Firm blog has run several stories over the past year about the evolving case law concerning sexual orientation discrimination under Title VII of the Civil Rights Act. Last week, a plaintiff in a sexual…
Sep 15
Tenth Circuit Permits EEOC Interference Claim to Go Forward

Tenth Circuit Permits EEOC Interference Claim to Go Forward

Edgar M. Rivera, Esq. On September 5, 2017, the Tenth Circuit reversed the district court’s decision in EEOC v. CollegeAmerica Denver, Inc., allowing the Equal Employment Opportunity Commission to proceed with its interference claim…

Rank this Week: 856

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