In Kasten v. Saint-Gobain Performance Plastics , the United
States Supreme Court concluded that the anti-retaliation provision of the Fair
Labor Standards Act covers oral complaints - but only if they are "sufficiently
clear and detailed for a...
Last month, I wrote that employers denying lactation rights
to employees was not problem that needed remedial legislation. Wouldn't you
know it, news broke last week of a federal judge in Houston who
dismissed a sex discrimination case- EEOC v...
The Family and Medical Leave Act allows an employer to require
that a employee's request for FMLA leave be supported by a certification issued
by the employee's health care provider. Here's an example of one of the right ways to do this...
In honor of Valentine's Day, I bring you a story of love,
romance ... and sexual harassment (what else?).
Sanders v. DaimlerChrysler Corp. starts out
like any great love story. Girl meets boy on the assembly line of the local
Ah, February! The
month of love! Of course, if you're a lawyer, you see the worst of humanity and
never get to hear about true, faithful, honorable, self-sacrificial love --
sexual harassment is as close to "love" as we ever get. (See...
medical-marijuana program has gone up in smoke. According to the News
Journal , Gov. Markell "has suspended the regulation-writing and
licensing process for medical-marijuana dispensaries--effectively killing the
The Fifth Circuit Court of Appeals upheld a decision that
found that a mandatory arbitration clause used by 24 Hour Fitness was illusory
because it allowed the company to make changes to the policy retroactively. The
decision in Carey v. 24 Hour Fitness...
Appeals Court Finds Employer Liable for
Supervisor's Same-Sex Sexual Harassment
by Ryan N. Parsons
A recent case reminds us to take all claims of sexual
harassment seriously, including when the two employees are of the same sex.
by Tamara Russell
Just when most employers thought it was safe to enforce
their social media policies, a recent report from the National Labor Relations
Board ("NLRB") demonstrates that this area of the law is far from settled. The
ZDNet's Friending Facebook blog reports on a survey [pdf] conducted by marketing agency Russell Herder , which concluded that
21% of employees are Facebook friends with the boss. I've written before about some of the risks, and some of
Jon Hyman , among others, has already written an eloquent critique of the
latest report from the Office of the General Counsel of the National Labor
Relations Board on social media and protected concerted activity, and Dan
All individuals performing work for an employer should be
classified as employees or independent contractors. Employees are then further
classified under the Fair Labor Standards Act as "exempt" or
"non-exempt" for purposes of overtime...
Right before the Thanksgiving holiday, the USCIS
announced that the 85,000 H-1B visas cap for 2012 had been reached. This means
that American employers will not be able to hire foreign nationals in 2012 unless
applications for their work visas have...
We are not a tolerant society. We like to think that we
are, but in reality, not so much. Instead, we are a polarized society. More and
more, we live on the fringes with little tolerance for those whose viewpoints
differ from our own. For example,...
The EEOC issued an informal discussion letter discussing whether the
requirement that an individual graduate high school is a permissible job
selection criterion under the Americans with Disabilities Act.
The EEOC addressed this
because, when employers...
More and more in this increasingly competitive retail
world, companies are requiring their employees to work long shifts, overnight
shift, and holidays. This year, some retailers like Macy's, Toys 'R Us,
Wal-Mart and Target are getting a jump...
That was the question that the Seventh Circuit Court of
Appeals faced in an opinion released yesterday.
If you don't know, then you don't pay.
Labor Standards Act (FLSA), among other things, establishes minimum wage
author of the Employment and the Law Blog, talks about winning the
LexisNexis Labor & Employment Community Top Blog Award for 2011
Visit the Employment and the Law blog, hosted by Ashley Kasarjian
The lawfulness of employer's social-media policies under
the National Labor Relations Act (NLRA) continues to be a hot topic. Although
the position of the National Labor Relations Board (NLRB) continues to be
hostile towards these policies. And...
Hoping to boost their investment returns and shrink
looming deficits, public pension systems across the nation have been turning to
riskier investments, such as private equity and hedge funds. But their returns
haven't been rising nearly as much...
WASHINGTON, D.C. - (Mealey's) A private attorney who is
temporarily retained by the government to carry out the government's work may
seek qualified immunity from a lawsuit under 42 U.S. Code Section 1983, a
unanimous U.S. Supreme Court ruled...
Woody Allen once said, "80 percent of
success is showing up." So true, so true!
The U.S. Court of Appeals for the Ninth Circuit* came out
recently with a
great decision on when "showing up" -- also known as
On Monday, I reported that a South Carolina federal court had
invalidated the NLRB's attempt to force employers to post a statement of
employees' rights under the National Labor Relations Act. I cautioned that
until you heard otherwise, employers...
According to MSNBC , an employee has sued the Library of Congress for
firing him after his manager discovered that he had "liked" the "Two Dads" page
on Facebook. The employee, Peter TerVeer, claims that after his manager