Summer is fast approaching and along with the dog days of
pool time, family vacations, and outdoor activities, comes summer break for
students. For many companies, this means an influx of potential interns anxious
to learn the ins-and-outs of an industry...
The NLRB has confused me with its apparent
reasonableness. Last week, the NLRB published an advice memorandum from its
Office of General Counsel, in which it opined that the at-will disclaimer in an
employer's handbook did not violate employees'...
Last week, the U.S. House of Representatives passed the Cyber
Intelligence Sharing and Protection Act , better known as CISPA. CISPA
provides for the sharing of certain cyber threat intelligence and cyber threat
information between the intelligence...
WASHINGTON, D.C. - (Mealey's) A Title VII of
the Civil Rights Act of 1964 retaliation claim must prove but-for causation,
the attorney representing the University of Texas Southwestern Medical Center
(UTSW) argued before the U.S. Supreme Court...
Federal appellate courts have agreed that an allegation of age discrimination cannot be brought as a Section 1983 claim. In Levin v. Madigan, the Seventh Circuit held that an age claim under Section 1983 is viable. In March 2013, the Supreme Court agreed...
In early April, a California court issued a published
decision holding that an employer who employs piece rate employees must
compensate those employees at the piece rate for all piece rate work and at a
rate of at least the minimum wage for each hour...
First responders in West, Texas*. Sales clerks in the
stores near the finish line at the Boston Marathon. Staff of the District
Attorney's office in Kaufman County, Texas. Teachers and administration at
Sandy Hook Elementary. Ticket-takers and...
Recently, the EEOC filed a lawsuit against Hire Dynamics,
a staffing firm (click here for the
EEOC press release). According to the complaint , after
a Hire Dynamics employee filed a charge of discrimination against one of its
clients, the staffing...
On April 23, 2013, the National Labor Relations Board
issued its decision in Caterpillar, Inc. , 359 NLRB No. 97 (2013),
holding that a company's refusal to allow a non-employee union representative
on its property after a fatal accident to investigate...
I am thrilled to be hosting the Employment Law Blog
Carnival this month. For the uninitiated, this carnival is the brain
child of Eric Meyer who writes The
Employer Handbook and like the carnivals of old features a vast array of
vendors (aka bloggers...
The events of the past week in Boston highlight the not so new reality that terrorism not only impacts society but also the workplace. How do employers respond when the government declares a state of emergency; closes roads; stops mass transportation;...
So you're called into the back room. It's a tiny one with no windows and only one door. In the room is someone who identifies himself as being from Loss Prevention. He seems so nice. He tells you he's there to help you save your job. If you...
It's no secret that Ohio's age discrimination statute is a hot mess . The statute has four different ways a plaintiff can file an age claim against an employer, each with a different statute of limitations and available remedies. What's more...
In my last post, in response to the bombings at the
Boston Marathon, I
talked about some ways that employers can prevent violence in the workplace
and even avoid hiring the type of employee who might become violent. (Realizing,
of course, that there...
A few months ago, I blogged about the NLRB's opposition to confidentiality
provisions in workplace investigation policies . Now, the NLRB has issued a new advice memorandum briefly addressing the issue.
The key takeaway here is that:
E-mail can be powerful evidence in a dispute, and whether
employers and criminal investigators may use employee e-mail in litigation
proceedings is a hot topic. A recent New York federal court decision outlined
the current law in this area.
Have you heard that the new owner of the Cleveland Browns
has gotten himself into a bit of legal trouble? It's alleged that Jimmy
Haslem's other business, Pilot Flying J, defrauded trucking companies of fuel
rebates. In an effort to head-off...
Discrimination is just plain wrong. It is
shocking that there is still anywhere in America where it is legal to fire
someone for their sexual orientation or gender identity. Americans understand
that it's time to make sure our LGBT friends and...
California's Legislature is considering AB10 this
session, which would increase California's minimum wage from the current $8 per
hour to $8.25 per hour next year, to $8.75 per hour in 2015, and to $9.25 per
hour in 2016. Beginning in 2017...
On March 29, 2013, New York Governor Andrew Cuomo signed
into law a state budget for the 2013-2014 fiscal year, N.Y. State Senate Bill S02607D , N.Y. State Assembly Bill No. A03007D ("the Act"). The
Act includes a provision, Part P, which...
by Keisha N. Jackson
As health care costs continue to rise, many employers are
considering creative solutions for keeping costs low without drastically
changing the benefits offered to active employees. Active employees who
have spouses on Medicare...
The EEOC has announced that
it will be holding a meeting on May 8, 2013, to hear from invited panelists on
the treatment of wellness programs under federal law, with an emphasis on
understanding the ways that the ADA, the Genetic Information Nondiscrimination...
Is your company an EEOC target?
before about the Strategic
Enforcement Plan of the Equal Employment Opportunity Commission,
which was officially adopted last December, and the Commission's
priorities. Last week, EEOC Commissioner...
Whether you work in the copy room or in a corner office,
you may have been presented with something called a Non-Competition Agreement.
Or maybe it was called something sneakier, like a Confidentiality Agreement or
Intellectual Property Agreement....
A week after the
explosion at the West Chemical and Fertilizer Company plant in West, Texas
killed at least 15 people and destroyed homes and buildings - including a
nursing home and a middle school - within a five-block radius, authorities