Addiction in the Workplace
10/23/15
By: Tim Holdsworth
Last week, the University of Southern California fired their head football coach, Steve Sarkisian, for attending a practice under the influence of alcohol. This was purportedly not the first time that Sarkisian’s drinking affected his coaching duties. …
The Return of the Intern?
10/5/15
By: Michael Hill
The Eleventh Circuit Court of Appeals has dramatically modified the test to determine whether an “intern” is an employee. In Schumann v. Collier Anesthesia, P.A., — F.3d —, No. 14-13169, 2015 WL 5297260 (11th Cir. Sept. …
NLRB Doubles Down on ‘Joint Employer’ Standard Expansion
10/2/15
By: Tim Holdsworth
On August 27, 2015, the National Labor Relations Board discarded thirty years of precedent and handed down a new and expanded definition of joint employer. See Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, …
Georgia's Garnishment Statute is Seized by a Federal Court
9/15/15
By: Brad Adler and Michael Hill
What happens when you obtain a money judgment against someone and they refuse to pay? Unfortunately, it is not that uncommon an occurrence. The good news for a long time has been that, if …
Georgia And California Increase Scrutiny Of Employee Loyalty And No-Rehire Provisions As Restraints Of Trade
9/2/15
By: Mike Wolak
Restrictive covenants typically involve the “big three”: agreements not to compete, not to solicit the Company’s customers, and not to raid the Company’s staff upon separation from employment. As a result, the language of the “big three” …
Third Circuit Expands FMLA Requirements for Employers: Employee Must Have Opportunity to Cure Invalid Medical Leave Certification
7/24/15
By: Barry Brownstein
A recent decision from the Third Circuit expands FMLA requirements, by declaring that employers who receive a medical leave certification from an employee that is vague, ambiguous, and non-responsive, are required to:
(1) inform the employee that …
EEOC Decides Sex Discrimination Protection Includes Sexual Orientation
7/24/15
By: Amanda K. Hall
Title VII of the Civil Rights Act of 1964 does not specifically prohibit discrimination on the basis of sexual orientation. In addition, although some state and local laws prohibit discrimination based on sexual orientation, federal case …
NLRB Focus on Employee Handbooks of Employers
7/17/15
By: Joyce M. Mocek
Over the last several months, the National Labor Relations Board (NLRB) has targeted employee handbooks and policies of both union and non-union employers, determining that their policies and procedures constitute “unfair labor practices.” The NLRB continues …
Uber Suffers Another Setback In Defending Classification Of Its Drivers As Independent Contractors
6/26/15
By: William H. Buechner, Jr.
Uber, an extraordinarily successful and technology-driven transportation company, has suffered another setback in its attempt to fend off legal challenges to its practice of classifying its drivers as independent contractors rather than employees. The final …
Employers Should Start Using New FMLA Certification Forms
6/24/15
By: David Cole
The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. The new forms include the following:
…
Employers May Have Duty to Inquire About Religious Accommodations Needed Regardless of Whether Requests are Made
6/5/15
By: Joyce M. Mocek
Earlier this week the U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch Stores, Inc. that Abercrombie & Fitch, a retail chain, may have violated Title VII of the Civil Rights Act of 1964 …
Employer's Duty to Monitor Fees of Retirement Plans
5/22/15
By: Joyce M. Mocek
Last week the U.S. Supreme Court, in Tribble v. Edison International, No. 13-550 (S.C. May 18, 2015) held that employers have a continuing duty to keep watch and monitor Employment Retirement Income Securities …