Retaliation Claims Keep Expanding: Flight Attendants Bring OSHA Claim for Reporting "Security Threat"
1/9/15
By: Amy Combs Bender
A few days ago, thirteen flight attendants filed a complaint with the federal Occupational Safety and Health Administration (“OSHA”) against their former employer, United Airlines, claiming they were terminated in retaliation for reporting a security …
OFCCP Announces Implementation of Final Rule Modifying Obligations of Federal Contractors
12/16/14
By: Joyce Mocek
On December 9, 2014, the Office of Federal Contract Compliance (OFCCP) published a Final Rule implementing Executive Order 13672 which prohibits discrimination based on sexual orientation and gender identity as it relates to federal contractors and subcontractors. …
Outsourced Labor? Temps? – New Statutory Liability for Companies Using Contract Workers
12/5/14
By: Sandra McIntyre
On January 1, 2015, California Labor Code section 2810.3 becomes operative. It imposes civil liability on companies utilizing non-exempt workers provided by contractors to perform the regular and customary work of the company if the contractor fails …
NLRB Continues to Defy Courts on Issue of Class Action Waiver
11/21/14
By: Nina Maja Bergmar
On October 28, 2014, the National Labor Relations Board (NLRB) stubbornly reiterated its stance that pre-employment arbitration agreements with class and collective action waivers are unlawful.
In Murphy Oil USA, Inc.,[1] the Board …
Playing Offense in Defense of Disability Discrimination
11/10/14
By: Lisa Gorman
One of the biggest challenges facing California employers today is the underperforming employee with a disability. Under the Fair Employment and Housing Act (“FEHA”), a “disability” is any physical or mental impairment that limits a major …
Recent Litigation Reminds Employers to Review Background Check Forms
11/7/14
By: Amy Combs Bender
As most employers are aware by now, many federal government agencies are scrutinizing background check practices on job applicants and employees. As FMG reported in its July 2014 issue of LawLine, the EEOC and the Federal …
California Law Will Provide Paid Sick Leave to Employees
10/6/14
By: Frank H. Hupfl, III
Last month, California joined Connecticut and a growing number of municipalities that require employers to provide paid sick leave for employees. The law, known as the Healthy Workplaces, Health Families Act of 2014 (the “Act”), …
The Importance of Double-Checking – Employers Must Ensure Restrictive Covenants Included in Subsequent Employment Agreements
9/18/14
By: Amanda McCallum Cash
In a recent Georgia Court of Appeals decision, an employer learned the hard way why it is important to always be aware when employees sign multiple employment agreements. In Mapei Corporation v. Prosser, 761 S.E.2d …
NLRB Claims Franchisor and Franchisees are ‘Joint Employers’ – Is McDonald’s Just The First?
8/19/14
By: Bradley T. Adler and Frank H. Hupfl, III
In a surprising departure from established Board precedent, the National Labor Relations Office of the General Counsel announced on July 29, 2014 that it had authorized the NLRB’s Regional Directors …
NJ Adopts "Ban the Box" Requirements
8/15/14
By: Joyce M. Mocek
Recently, New Jersey joined the growing number of states prohibiting employers from asking about applicants’ criminal histories in the hiring process.
“The Opportunity to Compete Act”, signed by New Jersey Governor Christie this week, goes into …
Does Your Liability Insurance Protect You Against Immigration Enforcement?
8/6/14
By: Kelly Eisenlohr-Moul
Employers — do you assume that one of your insurance policies covers immigration enforcement actions — such as an investigation by the Department of Justice (DOJ), Immigration and Customs Enforcement (ICE), or U.S. Customs and Immigration Services …
EEOC’s New Enforcement Guidance On Pregnancy Expands Interpretation of Existing Law
7/22/14
By: Amanda McCallum Cash
After a 3-2 vote, on July 14, 2014, the EEOC issued its first Enforcement Guidance on pregnancy in over 30 years. While the new guidelines cover a number of pregnancy-related topics that all employers should consider, …