Defense, plaintiff’s counsel share insights on past year’s developments in...
Class waivers in arbitration agreements, the impact of Wal-Mart v Dukes on wage-hour litigation, and a rising wave of FLSA actions by unpaid interns topped the agenda at a conference session on key...
View ArticleEEOC commissioners field questions about criminal background check guidance;...
“What was the reasoning behind not publishing the criminal background check guidance for public comment?” “How do you respond to comments that you created another protected class?” EEOC Commissioners...
View ArticleAt-will at risk? NLRB challenges Hyatt handbook’s employment at-will...
Is the National Labor Relations Board taking aim at the very notion of at-will employment? Labor attorneys at Crowell & Moring think so. In a client alert issued last month, the law firm...
View ArticlePractitioners react to High Court’s ruling that FLSA’s outside sales...
On Monday, June 18, a divided U.S. Supreme Court ruled that pharmaceutical sales representatives employed by SmithKline Beecham were exempt from overtime under the FLSA’s outside sales exemption,...
View ArticleU.S. Supreme Court invalidates much of Arizona immigration law, including...
Arizona’s S.B. 1070, enacted in 2010 to stem a growing tide of undocumented immigration into the state, is largely preempted by federal law, a divided U.S. Supreme Court held (Arizona v United States,...
View ArticleOffice Depot employee turns a bonus into a windfall
Office Depot has quite a lawsuit on its hands over 23 cents. Since 2007, the retailer has administered its “Bravo” award program, which recognizes outstanding performers by giving a $50 bonus each...
View ArticleLittler Mendelson attorney warns of pitfalls of “BYOD”
We’ve come a long way from the humble cell phone of yore. It wasn’t all that long ago when the mere addition of cameras to our mobile devices evoked fears of trade secret theft, privacy breaches, and...
View ArticleA reprieve on at-will handbook provisions? Recent NLRB guidance may put...
Much consternation arose among the employer community earlier this year when the National Labor Relations Board (NLRB) signaled that it would set its enforcement sights on at-will provisions in...
View ArticleDon’t Twitter away your social media accounts
While social networking has fast become a powerful marketing tool for companies, it’s proven equally valuable to employees as a vehicle for professional development. But the typically ill-defined terms...
View ArticlePIP like you mean it
Performance improvement plan: (a) valuable tool for correcting performance problems, or (b) obligatory pre-discharge formality? If you answered (a), you know that a PIP can help a faltering employee...
View ArticleBias suits pick up in 2012, but growth levels off in wage-hour litigation,...
U.S. employers had more litigation on their hands in 2012 — with labor and employment litigation and contract disputes leading the way, according to the latest litigation trends survey by Fulbright...
View ArticleFormer Board member Craig Becker invalidly recess-appointed; clause refers to...
By Sheryl C. Allenson, J.D. and Lisa Milam-Perez, J.D. In yet another blow to the authority of the embattled NLRB, a divided Third Circuit ruled the recess appointment of former NLRB member Craig...
View ArticleTeacher fired for Facebook comment reinstated; court adopts a “just venting”...
In the latest in a growing body of case law regarding teachers who are disciplined after taking to cyberspace to air their workaday grievances, a New York appeals court concluded that termination was...
View ArticleLafe Solomon ponders attacks on NLRB, flack from employers over agency...
“The NLRB is truly at an unprecedented place in its history; we’re being attacked politically, judicially, and legislatively,” said NLRB Acting General Counsel Lafe Solomon, speaking on Monday, May 20,...
View ArticleWeary interns should make employers wary
Just in time for summer hiring season, a recent decision out of a federal district court in New York was a ray of sunshine for employers that offer college internship programs for budding...
View ArticleFox Searchlight’s unpaid interns post big win, boost burgeoning area of...
A few weeks ago, I wrote about a ruling that seemed as though it might stem the rising tide of class action wage suits by unpaid interns. In Wang v Hearst Corp, a federal judge in New York refused to...
View ArticleA big day at the Supreme Court for employers
The Supreme Court’s 2012-2013 term is drawing to a close with a bang, not a whimper — or, in the eyes of employees and civil rights plaintiffs, perhaps a thud. And as one management attorney noted,...
View ArticleEmployees behaving badly, employers making matters worse
Reading employment cases for a living, day in and day out, I’m often struck by the compelling human interest stories they tell. Some of these stories, regrettably, reflect humanity at its most ignoble....
View ArticleRecent case hints at real-world consequences of NLRB’s stance on...
By Lisa Milam-Perez, J.D. The NLRB’s position that employers may not attach blanket confidentiality policies to internal investigations poses a variety of challenges for employers. Chief among them:...
View ArticleWith Senate signing off on general counsel nominee, NLRB fully functional for...
By Lisa Milam-Perez, J.D. The Senate on Tuesday confirmed the nomination of Richard F. Griffin, Jr., to be general counsel of the National Labor Relations Board. When he takes his post, the agency,...
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