Much has been written (including by me) on the topic of
how to distinguish an independent contractor from an employee. I have also
written about the importance of "work for hire" or "freelancer" agreements when
working with independent...
Kevin LaCroix of Oakbridge Insurance Services and author of The D&O Diary discusses a recent NERA Economic Consulting publication outlining a trending increase in wage and hours litigation, as well as the implications for employment practices liability...
Yesterday, the Supreme Court unanimously reversed the
certification of the class action in Wal-Mart Stores, Inc. v. Dukes ( discussed here ) . Recall that Dukes
sought the certification of a nationwide class of 1.5 million female Wal-Mart
With unemployment continuing to skyrocket, the
competition for jobs is stiff. There is an old adage that "you need a job
to find another job." To the extent this adage is given credence by those
making hiring decisions, it appears to reflect...
On this edition, Darrell R. VanDeusen of Kollman & Saucier, P.A. in Timonium, Md. discusses the U.S. Supreme Court decision in City of Ontario v. Quon , prior cases in which the court addressed searches in the public sector workplace, and the most...
WASHINGTON, D.C. - (Mealey's) An employer may not use
third-party reprisal as a means of retaliating against the third party's
fiancée, an employee who filed a discrimination claim, and the third-party
employee has standing to sue the...
by Arthur Silbergeld and Jessica Boar of Bingham McCutchen
Counsel for Plaintiffs' time before the Supreme Court during
oral argument on Tuesday morning probably felt more like years than an
hour. The Court pounded Plaintiffs'
Avoiding Liability for Retaliation
by Bernard J. Bobber
Retaliation claims are proliferating and are unlikely to
subside anytime soon. The EEOC reported that in its last fiscal year,
retaliation claims were the most common type of claim asserted...
H. Salgado , Kyle D.
As the world economy expands with increasing global connections,
we find that more and more of our clients operate in foreign locations or hire
foreign workers. There are a number of statutes and rules to be...
by Dawn Lurie and Kevin Lashus
Attorneys from Greenberg
Traurig's Business Immigration & Compliance practice group have written a
piece on what the costs are of using E-Verify to check whether employees are
permitted to work in this country...
On June 24, 2011, New York Governor Andrew Cuomo signed
into law the Marriage Equality Act, Bill No. A08354 . Effective
July 24, 2011, the Marriage Equality Act (also referred to in this post as "the
Marriage Equality Act" or "the Act"...
By: Mike DeCamps
As has been widely reported, The National Labor Relations
Board (NLRB) issued a final rule on August 25, 2011 requiring all employers
subject to the NLRB jurisdictional standards to post an 11 x 17 notice form
Employers who require job-seekers to turn over their
Facebook passwords remain a mystery to me. Really, what are they thinking? As
if the potential negative publicity alone is not enough of a deterrent, you'd
think that employers would be aware...
I've written before about the high risks companies face
from wage and hour class/collective lawsuits ( here's one example ). Here's another factor to consider: the
exorbitant costs imposed by e-discovery and employers' obligations to...
With Easter and Passover almost upon us, what better
topic than a new case on the ministerial exception to Title VII?
A federal judge in Ohio has recently refused
to dismiss * a lawsuit brought by a former teacher at a Catholic school who
by Joseph U. Leonoro
A few weeks ago in this forum, we talked about an
important opinion from the Sixth Circuit Court of Appeals - the Circuit in which
Kentucky and Ohio sit - on associational discrimination. Well, that Court
must be enjoying its...
On Donna Ballman's blog, Screw You Guys, I'm Going Home , she
argues for a radical change to at-will employment. She believes that
unemployment hearing officers should have the power to reinstate, with back
pay, anyone fired without just cause...
May Be Eligible For Unemployment In PA If You Quit Your Job
If you quit your job, you may be eligible for PA unemployment benefits if you
had a necessitous and compelling reason to quit . Here are some of
the most common examples of a necessitous...
If big corporations wonder why average Americans think
they're pond scum, they need look no further than the recent efforts of the
Florida Retail Federation in favor of allowing companies to steal your wages.
That's right. The Florida Retail...
Legislation, both state
and federal, prohibiting employers from requesting an employee's or applicant's
password continues to make progress. In Particular, the pending bills in
California and New Jersey passed to the next level of their respective...
Thursday, May 24, 2012
On November 7, 2006, Ohio voters passed a ballot initiative to enact the Smoke Free Workplace Act. It became effective on December 7, 2006, and is codified in R.C. Chapter 3794 .
Generally, to adhere to the Act, businesses...
DISCLAIMER: Today's post has absolutely nothing to do
with Veterans Day. But thank you, veterans!
Last week, I was pretty hard on Herman
Cain and his response to allegations of sexual harassment . Since then, two
women have come forward publicly...
But, if you think they do -- maybe you read this article last week -- then I have a bridge in Brooklyn to sell you , sucker.
Come on! The sky isn't falling. Demanding social media
access from employees and potential hires and is most definitely...
Compliance convergence can take many forms. In an article
entitled " Pass
the ICE Test: Nine I-9 Record Keeping Tips " published in the February
6, 2012 edition of the Texas
Lawyer , author Karen-Lee Pollak explores one of these important...
Back in June, the United States Supreme Court ruled that a class of 1.5 million women could not pursue gender
discrimination claims together against Wal-Mart because they lacked a
If, at first, you don't succeed, file this Complaint...