Republican lawmakers in two of the states at the center
of the conflict over union rights conceded a bit of ground a couple of weeks
ago. But the high-stakes battle in those states and elsewhere is far from over.
On Feb. 23, Republicans in the Ohio...
The Supreme Court ruled in Staub v. Proctor Hospital that
an employer may be liable for the discriminatory animus of a supervisor who did
not participate in an adverse employment decision if the supervisor's animus is
a proximate cause of the adverse...
New Jersey's entire controversy doctrine generally
requires that a defendant assert in the same lawsuit any claims arising out of
the same transaction or occurrence that is the subject of an adversary's
lawsuit. If a defendant fails to assert...
A. Martin and Krista N.
You may recall that last November we told you about the
Connecticut employer who faced NLRB charges for firing an employee who posted
derogatory comments about the company on Facebook ( http://www.bullivant...
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...
WASHINGTON, D.C. - (Mealey's) An employer is liable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for its management-level employee's antimilitary bias if that bias is intended to cause an adverse employment...
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...
The anti-retaliation provision of Title VII of The Civil
Rights Act of 1964, as amended ("Title VII") prohibits an employer from
"discriminat[ing] against any of his employees . . . because he has made a
charge" under Title VII...
by Mark Smith, Dan
Buchner, and Jamey Medlin
The U.S. Department of Labor (DOL) recently issued three
advisory opinions considering fiduciary or prohibited transaction issues
arising in the management of ERISA plans.
Supreme Court held that a terminated employee may have a claim for retaliation
under Title VII, even though that employee never opposed or participated in
protected activity, but alleged that his termination was the company's response
In New Jersey, on-call time is considered hours worked
when calls are so frequent or the on-call conditions so restrictive that
the employees are not really free to use the intervening periods effectively
for their own benefit.
On-call time is not...
The Administrative Review Board (ARB), under the
substantial evidence standard, has upheld the ruling of an Administrative Law
Judge (ALJ) that Domino's Pizza violated the whistleblower provisions of the
Surface Transportation Assistance Act when...
Fargo Investments v. Shaffer , FINRA Arbitration No. 10-00773 (Jan. 18,
2011) , claimant/counter-respondent Wells Fargo Investments,
LLC ("Wells Fargo," the "brokerage firm," or the "firm") had made to
By Mona M. Stone
This Emerging Issues Analysis by attorney Mona Stone explores the issue of credit checks and discrimination.
“Can an employer be sued based on its use of credit checks during hiring? Yes, at least according to the Equal...
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...
by Mary Pivec and Manesh Rath
The Department of Justice, Office of the Chief
Administrative Hearing Officer, a division of the Executive Office for
Immigration Review, has just released the December 22, 2010 final decision and
order issued by administrative...
If a company in New York State receives a
subpoena demanding documents - also known as a "subpoena duces tecum" - in
a lawsuit to which the company is not a party, the company
should, among other actions:
whether the subpoena...
The Occupational Safety and Health Administration (OSHA)
has published a new rule, effective January 18 th , revising the
procedures for handling whistleblower claims arising under the Energy
Reorganization Act (ERA) and six environmental statutes: the...
In October 2010, an arbitration panel of the Financial
Industry Regulatory Authority, Inc. ("FINRA") in New York awarded
compensatory damages of $715,000, plus interest and costs, to an investment
banker, formerly employed by respondent...
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...
WASHINGTON, D.C. - (Mealey's) A mandatory questionnaire
for National Aeronautics and Space Administration (NASA) employees is not only
reasonable in light of the federal government's interests but subject to
substantial protections against...
Murrieta and Temecula Join Growing List of Southern California Cities Requiring Employers to Use E-Verify
By Mahsa Aliaskari and Matthew Hayes
Greenberg Traurig's Business Immigration team has written this commentary on recent developments...
A company in New York State makes a verbal offer of
employment to an individual. Before the individual begins work, the
company's profits plummet or its budget is slashed.
If the company withdraws the oral offer of
employment, does the individual...
Myers and Mark Smith
In December 2010, the principal regulators of U.S.
employee benefits published their guidance plans for the coming months.
On December 7, 2010, the U.S. Treasury
Department and the Internal Revenue Service (IRS) released...
by Dan Buchner and Mark Smith
In 2010, the Department of Labor (DOL) continued an
active program of issuing individual exemptions from the prohibited transaction
rules of ERISA. These rules generally prohibit, among other things:
Sale and lending...