Pay Act prohibits employers from paying a female employee less than a male
employee for work that requires substantially equal skill, effort and
responsibility, and that is performed under similar working conditions within
the same establishment...
In this Emerging Issue
Analysis, N. Peter Lareau, author of "NLRA: Law and Practice" and
numerous other books and articles in the field of labor law, summarizes the
court's decision in NLRB v. New Vista Nursing & Rehabilitation (New...
Out of the millions of page-views this blog has received
over the six-years of its existence, the most popular post (by an almost
three-to-one margin over its closest competitor) is You should pay attention to this post if you have unpaid
I have long been an advocate of the compliance function
working with the Human Resources (HR) function in any company to help achieve
greater compliance under anti-corruption laws such as the Foreign Corrupt
Practices Act (FCPA) and UK Bribery Act...
Is Your Reason for Termination Honest,
Logical, and Complete? If Not, You May Get a Scary Result in Your
If you fire an employee for an indefensible reason,
chances are you will get a charge or a lawsuit out of it, even if the...
by Sara E. Hauptfuehrer
Employer-sponsored group heath plans typically allow
reimbursement to the plan for benefits paid in connection with injuries
sustained as a result the tortious conduct of a third party. That right
of reimbursement arises...
You may have heard the old saw that interns built the
pyramids. Well, the Oregon legislature appears to have heard it, too, and now
has extended workplace protections to these unpaid denizens of the workforce.
On June 5, 2013, the legislature passed...
Klein & Joelle Sharman
The Department of Labor recently issued guidance on how
and when employers are to notify employees about the availability of state-run
health insurance exchanges, and provided sample notices for employers to
by Jessica T. Cook
The U.S. Department of Homeland Security's Immigration
Customs and Enforcement (ICE) continues to issue Form I-9 Notices of Inspection
to businesses across the nation. In fiscal year 2012, ICE served 3,004
Notices of Inspection...
What do fashion designer Norma Kamali, journalist Charlie
Rose, Elite Model Management Corporation, and the Hearst Corporation have in
common? All have been sued by former unpaid interns, claiming that their
unpaid status violated the Fair Labor Standards...
Who owns your LinkedIn content? As described in my last
blog post , the battle over who owns social media content, and
particularly LinkedIn connections and any other social media "customer" list,
has yet to come. LinkedIn content will likely...
I had the pleasure of presenting The Real Impact of
Social Media at the Arizona
Bankers Association Annual Convention at the Ritz-Carlton, Dove Mountain . The Convention was jam packed with amazing roundtables, panels, presentations, and
events . The...
The Labor and Employment Section of the Michigan bar held
its annual spring meeting last Thursday, and the topic was A backstage pass to
the EEOC. The Detroit office had over 20 representatives attend.
The round-table topics were intake and investigation;...
In honor of my daughter landing her first internship, I
thought I'd go through once again an issue that comes up every summer. Many
internships that are unpaid are exploiting young people for free labor instead
of providing a meaningful learning...
Mother's Day is long past, but you'd never know it -- in
employment law, this has been the Week of the Moms. Here's a roundup - tell us
what you think!
First up: Title VII's
ban on pregnancy discrimination includes discrimination...
According to a survey released yesterday by the Pew Internet & American
Life Project , 61 percent of Americans own a smartphone. Employers need to
pay attention to this number. Ownership of smartphones has reached a critical
mass in our society...
Harassment knows no boundaries. Unfortunately, it occurs
in workplaces of any shape and size and can be effectuated by persons in
positions of every variety and in every industry. Even a quick look at the
story reported in today's News
How much do you really know about the Genetic
Information Nondiscrimination Act? Here's a quick quiz:
Which of the following is an unlawful request for
company requires a post-offer, pre-employment...
One of the great challenges for employers is to draft and
to enforce policies dealing with communications and social media which actually
achieve the desired result. The tension between enforcing a mother's admonition
of not saying anything if...
California's newest regulations pertaining to the rights
of the disabled in the workplace require employers to allow "assistive animals"
in the workplace as a reasonable accommodation to certain disabled
employees. See CCR 7293.6 &...
It is no secret that health care costs for employers and
their employees are out of control in this country. Many employers have
attempted to hold down these rising costs by offering wellness-program
incentives - insurance premium reductions to employees...
Thirty-five states have introduced legislation
this year to prohibit businesses from requesting access to the social media
accounts of current or prospective employees, or to bar public colleges and
universities from requesting such access from students...
Amidst concern over employee privacy rights, a growing
number of states have restricted the access of employers to their workers' and
job applicants' social media accounts.
As of May 22, six states this year have adopted...
School's out for summer! Or it will be soon, and many
teens will start summer jobs or even their very first real job. Yet schools do
little, if anything, to prepare teens for the realities of the workplace. I'm
always shocked when I encounter...
Employers should take comfort that the DOL has provided
guidance on how to make deductions for salary advances and overpayments, which
have been legal since November.
Last summer, the New York Legislature passed legislation
that amended Section...