Here Is A Tip For Restaurants – You May Be Able To Include Non-Tipped Employees In Your Tip Pool
11/20/13
By: Brad Adler
In April 2011, the United States Department of Labor issued new tip credit regulations. Among other things, the DOL concluded that tips are the property of the employee and that an employer may never keep any part …
Easy Ways to Avoid A “Sack”: Adding Anti-Harassment Policies to Your Playbook
11/7/13
By: Jennifer Miller
The sports world is abuzz with news that Richie Incognito allegedly bullied his fellow Dolphins teammate Jonathan Martin. According to some reports, Martin received “threatening, racially-charged texts and voicemails” from Incognito.
Stories like this should remind …
U.S. Senate May Pass Legislation That Would Prohibit Employment Discrimination On The Basis Of Sexual Orientation And Gender Identity
11/6/13
By: Bill Buechner
Democrats in Congress are making a strong push to pass the Employment Non-Discrimination Act (“ENDA”), which would prohibit employment discrimination on the basis of sexual orientation and gender identity. ENDA was introduced in the Senate as S.815 …
Cyber Liability Lessons from Edward Snowden
11/5/13
By: Jonathan Kandel
Edward Snowden has been the “gift that keeps on giving” for the U.S. Government. Snowden, a former contractor employee for the NSA (National Security Agency), began leaking highly classified documents related to the NSA’s methods of intelligence …
DOJ Publishes New Affirmative Action Regulations for Federal Contractors and Subcontractors
11/1/13
By: Frank Hupfl
Federal contractors will soon face increased affirmative action requirements in the recruitment, hiring, promotion, and retention of covered veterans and disabled persons. On September 24, 2013, the U.S. Department of Labor (“DOL”) published two final rules expanding …
A Balancing Act-Compliance with the ADA And Use of Medical Examinations of Employees
9/18/13
By: Joyce Mocek
The Eleventh Circuit has held that an employer can lawfully require psychiatric/psychological fitness-for-duty evaluations if it has sufficient objective information to believe an employee is unstable and may pose a danger to others in the workplace. In …
FMLA Leave Must Now Be Made Available to Employees with Same-Sex Spouses
9/6/13
By David Cole
The sweeping effects of the Supreme Court’s decision in U.S. v. Windsor, in which it struck down the Defense of Marriage Act (“DOMA”) as unconstitutional, are coming into greater focus. Many employers may already be …
Employer Compliance Alert: Gov't Data Sharing Highlights Need for Proactive Measures
8/22/13
By: Kelly Eisenlohr-Moul
As every employer knows all too well, there are a litany of governmental agencies which may come calling in the event of alleged employment violations, including: the Department of Labor (DOL), Immigration and Customs Enforcement (ICE), the …
Dangers of Hiring Independent Contractors
7/22/13
By: Leanne Prybylski
Many contractors hire independent contractors, rather than employees, to avoid paying taxes and benefits. Contractors should be aware, however, that the costs of misclassifying employees as an independent contractors could end up being more expensive than it …
Georgia Court of Appeals Decides Rare Case on Electronic Discovery
6/27/13
By: Bart Gary
On June 18, 2013, the Georgia Court of Appeals decided a case involving electronic discovery. In a business dispute, and in response to about 100 unique requests for production of documents from the plaintiff, defendants scanned all …
Fourth Circuit Voids NLRB Posting Rule
6/18/13
By: Anthony Del Rio
Last week the Fourth U.S. Circuit Court of Appeals struck down the National Labor Relation Board’s (NLRB) 2011 poster rule. The rule required employers to post information regarding employees’ rights to organize under the National …
Supreme Court Upholds Arbitrator’s Class Ruling
6/14/13
By: Anthony Del Rio
This week, in Oxford Health Plans v. Sutter, the Supreme Court upheld the authority of an arbitrator to interpret an agreement to permit class arbitration. While the Court expressed some doubt regarding whether the arbitrator …