Labor and Employment Law

Recent Posts

NLRA, NLRB: Anticipated increased activity and requirements by the Board.
Posted on 3 Jan 2011 by Robert A. Martin

Anticipate a requirement by the National Labor Relations Board that employers post a notice about rights of employees, unionized or not, to discuss working conditions, pay, benefits unionization, safety, etc. These are not new rights, but apparently the... Read More

Ogletree Deakins’ Curran on Independent Contractors
Posted on 4 Nov 2010 by HB Litigation Conferences

What 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 Boston... Read More

President Obama Details Possible Cuts to Federal Spending under Budget Control Act of 2011
Posted on 17 Sep 2012 by Edwin Hopson

On September 14, 2012, the President's Office of Management and Budget released a report on what the estimated impact of sequestration pursuant to Sequestration Transparency Act, as mandated by the Budget Control Act of 2011, would be on January 2... Read More

Hiring Foreign Workers – At Home and Abroad
Posted on 2 Mar 2011 by Bullivant Houser Bailey PC

By Pamela H. Salgado , Kyle D. Sciuchetti 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... Read More

Videocast: Andrew M. Schpak on the Legal and Practical Implications of Disability Law
Posted on 21 May 2010 by LexisNexis Labor & Employment Law Community St

Andrew M. Schpak, Esq. served as a panelist on a CLE regarding the Legal and Practical Implications of Disability Law at the ABA YLD/GP/Solo Joint 2010 Spring Meeting in Saint Thomas, Virgin Islands. Here he summarizes his presentation. Watch the... Read More

Title VII and Federal Rule 23
Posted on 24 Jun 2011 by Craig Salner

This week the US Supreme Court decided the case of Wal-Mart Stores, Inc. v. Dukes , 2011 WL 2437013 (June 20, 2011), a case up on appeal after the Northern District of California and the Ninth Circuit Court of Appeal certified a nationwide class of 1... Read More

Hiring Foreign Workers – At Home and Abroad
Posted on 2 Mar 2011 by Bullivant Houser Bailey PC

By Pamela H. Salgado , Kyle D. Sciuchetti 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... Read More

Disability Discrimination Law in Ohio is a Mess
Posted on 6 Jan 2012 by Jon Hyman

Let's start with the obvious: it is illegal in Ohio for an employer to discriminate against an employee because of the employee's disability. It is not always easy to figure out who this proscription covers, because Ohio's statute (R.C. 4112... Read More

Unlawful to Fire Employee for Facebook Rant?
Posted on 31 Mar 2011 by Williams Mullen

Editor: Heath H. Galloway Facebook is everywhere, and its implications for employers can be maddening. It is one thing to prevent your employees from using Facebook while they are at work, but what control do you have over what your employees say on... Read More

Employment-Related Bills Pending Signature By California Governor
Posted on 9 Sep 2014 by Robin Largent

The California Legislature has passed the following notable labor and employment bills, which are now awaiting approval or veto by Governor Brown: AB 1897 – This bill would expand liability for a contractor’s wage and hour violations to... Read More

Katherine G. Rigby and Asha A. Santos of Ogletree Deakins in Boston Shares Her Insights on Various Employment Law Issues
Posted on 29 Sep 2010 by HB Litigation Conferences

Employee Evaluations Why should employers conduct employee valuations? What are the risks of poorly drafted performance evaluations? What should employers do to avoid when they are in the position of giving a negative review? Who should conduct... Read More

Can My Company In New York Fire An Employee Because Of His Off-The-Job Activities?
Posted on 7 Dec 2010 by David S. Rich

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 refuse to... Read More

Supreme Court Rules Drug Company Sales Employees Are Not Entitled to Overtime Pay
Posted on 20 Jun 2012 by Edwin Hopson

In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline , 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as "outside salesmen"... Read More

Williams Mullen: ‘Ban the Box’ Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries
Posted on 10 Feb 2014 by Williams Mullen

By D. Earl Baggett and J. Nelson Wilkinson On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability... Read More

Department of Labor's 'Bridge to Justice' Will Likely Lead to More Lawsuits Against Employers
Posted on 14 Dec 2010 by GreenbergTraurig

Effective December 13, 2010, an unprecedented joint "Bridge to Justice" initiative between the U.S. Department of Labor and the American Bar Association will assist plaintiffs in obtaining legal counsel for claims under the Fair Labor Standards... Read More