Many people who are trying to figure out whether they've
been the victim of discrimination miss an obvious way to find out how much
coworkers are making: asking them. Some employers try to prevent this by
putting in handbooks or contracts a provision...
v. Kubatzke , the Michigan court of appeals addressed the issue of whom can
benefit from a provision in an employment contract which shortens the
limitations period for legal actions, including discrimination cases. The
plaintiff had filed...
How do lawyers who represent employees decide which of
the employees who contact them to represent? According to Nina Pirrotti, an
attorney with Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti,
P.C., one of her "first lines of inquiry...
CNN reports that a Flint, Michigan, nurse is suing her
hospital because it kowtowed to a man's request that no African-American
employees care for his baby. The lawsuit [pdf] outlines her key allegations:
11. The father told the Charge
The number of American workers grew by 2.4 million in
2012. But fewer of them were members of a union. In fact, the national union
membership rate fell last year to its lowest level in nearly a century. And
there's no shortage of reasons for that...
WASHINGTON, D.C. - (Mealey's) Section 26809(h) of 28 U.S.
Code clearly provides a waiver of sovereign immunity and "extends the waiver to
any claim for one of the six enumerated torts committed by a Federal
investigative or law enforcement...
WASHINGTON, D.C.-(Mealey's) The U.S. Supreme Court on Feb. 19
agreed to hear the appeal of a class lawsuit over what constitutes "changing
clothes" under Section 203(o) of the Fair Labor Standards Act ( Clifton Sandifer, et al. v. United...
Neither federal law nor New York law requires an employer
to offer, to either its female employees or its male employees, paid
leave because of the birth of a son or daughter of the employee and in order to
care for such son or daughter.
We're having a PRESIDENT'S DAY SALE on people who share
too much on the Internet! We are overstocked!
Everything must go, go, go!
Much Flippin' Information ) is not only incredibly annoying, but it's also...
I'm thrilled to be joining my fellow faculty members
later this month to teach at the 5-day national training institute presented by
the Association of Workplace
Investigators ("AWI") in Santa Barbara, CA. The AWI is a
To say that employees have had a difficult time in
pursuing claims under the Michigan Whistleblowers' Protection Act would be an
understatement. I did an article on the
court of appeals' decisions, the vast majority of which are unpublished...
True confession time. I have a Pavlovian response to the
new message chime on my iPhone. I can't help myself. When my phone beeps, I
reach for it. I have no choice.
I'm an exempt employee, which means that I am paid a
weekly salary, with...
by Stephanie Amin-Giwner
Generally under the Fair Labor Standards Act ("FLSA") an
employer must pay its employees overtime compensation of one and one-half times
the employee's regular rate of pay for hours worked in excess of forty...
turned 20 last week and there has been a flurry of articles and posts
discussing how the FMLA has changed the workplace, whether it imposes too high
of a burden on employers, and predicting how it will likely continue to evolve.
There has been much crowing and breaking-out-of-champagne
on the management side over the recent
case saying President Obama's recess appointments to the NLRB were
The case applies to that one NLRB matter and that one only...
The U.S. Department of Labor has filed a whistleblower
and retaliation lawsuit in the United States District Court for the Southern
District of Ohio against S.E.M. Villa II Inc., a nonprofit corporation that
operates S.E.M. Terrace, a retirement facility...
In celebration of the FMLA's 20th anniversary, the Department of Labor released the results of a survey of
employers on their experiences managing the statute. According to the DOL,
" employers generally find it easy to comply with the law...
On May 16, 2012, in an Advice Memorandum, the Office of
the General Counsel ("GC") of the National Labor Relations Board
("NLRB") considered whether a standard policy prohibiting outside
employment violated an employee's rights...
Often, when faced with the need to investigate an employee's
complaint of harassment or discrimination, employers will ask their regular
company counsel to investigate the allegation and defend the company if
litigation ensues. The recent mistrial...
With over one billion active Facebook users and
500,000,000+ Twitter accounts, it is no surprise that the discovery of
messages, status updates, wall posts, tweets and pictures shared on social
media has become a battle ground in sexual harassment...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 6
denied an application for a stay filed by a Connecticut
nursing home company in a suit over a union strike in light of questions over
the legitimacy of 2012 appointments to the National...
by E. Colin Thompson and J. Trumon
The Florida Supreme Court has issued a decision that
plaintiffs' lawyers will surely argue makes certification of class actions
easier in Florida state courts than in federal and other state courts...
In Noel Canning v. NLRB, 2013 U.S. App. LEXIS 1659 (D.C. Cir. Jan. 25, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ], the D.C. Circuit invalidated the decision and order of the National Labor Relations...
The United States Supreme Court granted certiorari
of a decision by the Third Circuit Court of Appeals, Symczyk v. Genesis
HealthCare Corp. , 656 F.3d 189 (3d Cir. 2011) [ an enhanced version of this opinion is available to lexis.com subscribers ]...
As employees increasingly demand to use their preferred
electronic device in the workplace, employers are working through whether the
" Bring Your Own Device " (BYOD) concept is a good idea, or an
employee perk to ban for security and cost...