by Amanda K. Caldwell
The United Kingdom ("UK"), comprised of England, Northern
Ireland, Wales and Scotland, has a population of over 62 million people, is
culturally diverse and remains one of leading financial and service centers of
Mark Smith, Mary Thornton Payne, and Jamey A. Medlin
On October 20, 2010, the U.S. Department of Labor (DOL)
published a final regulation imposing new disclosure requirements for
participant-directed individual account retirement plans. The final...
It's summer, and thoughts of vacation are in the air. You shouldn't have to worry about your job while you're on vacation. Or should you? A recent study shows that 70% of Americans are leaving some or all of their vacation days unused because...
by Rick L. Etter
Recently, Alcoa Mill Products Inc. agreed to pay over $500,000 in back wages to
39 female and minority applicants who were rejected for jobs at the company's
plant in Lancaster, PA. The payment was part of a settlement that...
On May 30, 2012, Acting General Counsel ('AGC") Solomon issued his third memo on employer social media policies under the National Labor Relations Act. In that memo, he referenced the social media policies of several companies including General...
In July 2010 the Dept. of
Justice (DOJ) issued a final rule implementing accessibility provisions of the
ADA. The DOJ is also seeking comments on proposed regulations on internet
accessibility, movie captioning, and accessible equipment and furniture...
In Hardt v. Reliance Std. Life Ins. Co. ,
2010 U.S. LEXIS 4164 (U.S. May 24, 2010) , the Supreme Court rejected a
"prevailing party requirement" for an award of attorney's fees under
ERISA because it was contrary to the statute's...
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...
by Tyler M. Paetkau
Given California's broad prohibition against
post-employment covenants not to compete, is it be possible for California
employers to pay soon-to-be-former employees to sit on the sidelines for a
brief period of time, such...
The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its implementing regulations,
29 C.F.R. § 510 et seq. , mandate that most employees in the United
States be paid at least the...
On December 14, 2010, New York State Governor David Paterson signed into law the Wage Theft Protection Act, A. 11726/S. 8380 (the "Act"). The Act substantially increases civil and criminal penalties against employers which break New York's...
With certain exceptions, a company in New York State may
neither fire nor refuse or hire an individual because of his or her lawful,
off-duty, political or recreational activities.
More specifically, in New York State, employers may not
Wilcox, California Employment Law provides thorough coverage of California's
extensive private employment laws and regulations. It discusses key statutes,
regulations and case law, with practice notes and commentary throughout. It
also covers key...
On June 20, 2011, the U.S. Supreme Court issued its
decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com
subscribers. ), which overturned certification of a class of 1.5 million
current and former female...
On January 3, 2012, in Pippins
v. KPMG LLP , 2012 U.S. Dist. LEXIS 949 (S.D.N.Y. Jan. 3, 2012) [ an enhanced version of this opinion is available to lexis.com subscribers ],
U.S. District Judge Colleen McMahon issued an order conditionally certifying...
In New York State, the employment of minors is governed
by Article 4 of the New York Labor Law and by scattered sections of other state
statutes. A "minor" is any person less than 18 years of age.
In brief, New York's laws governing child...
Yesterday, the National Labor Relations Board announced in this press release that it had issued a second social-media
report to help provide further guidance to practitioners and human resource
professionals. The social-media memo, a copy of which...
For the unfamiliar, the McDonnell Douglas test is
an evidentiary framework used in discrimination cases, which lack direct
evidence of discrimination, to determine whether an employee's claim should
survive summary judgment and proceed to trial...
A severance agreement helps to allow businesses to ensure
that former employees don't sue. The concept is fairly simple: in exchange for
$X, the former employee agrees to release the company from every claim under
the sun from the beginning of...
On May 8, 2013, the U.S. House of Representatives passed
the Working Families
Flexibility Act of 2013 (H.R. 1406), a law that would amend the Fair
Labor Standards Act of 1938 to give employees the opportunity to accrue paid
time off or "comp...
W. Moppin , Sarah R.
Redesigned E-Verify System Simplifies the
Process for Employers to Verify Employment Eligibility
U.S. Citizenship and Immigration Services
("USCIS") has completely overhauled the web interface for...
do employers doing business in Massachusetts need to know about the state'srules about independent contractors? What are the pros and cons of using this type
of worker? What are the risks? Patrick M. Curran Jr. of Ogletree Deakins in
Scene: Employee has performance issues. Employee notifies his supervisor that he needs leave for a medical condition. Employee calls in sick for two consecutive days, a Thursday and Friday, and returns to work the following Monday. Upon return, the employee...
Some of you may recall the story of Heather Armstrong, the first person to get "dooced" (fired for blogging about her employer). The word "dooce" originated from Ms. Anderson's personal blog. According to a recent Wikipedia search...