NLRB ABANDONS NOTICE POSTING REQUIREMENT
1/14/14
By: Jonathan Kandel
The National Labor Relations Board (NLRB) has given up on its attempt to require every employer to post notices regarding employee rights under the National Labor Relations Act (NLRA). As previously reported on this blog, the NLRB’s …
Minimum Wage To Rise In 13 States On January 1, 2014
12/31/13
By: Brad Adler
While you are munching on leftovers and watching bowl games, business owners should not forget that the minimum wage will rise in 13 states starting January 1, 2014. Most states are increasing minimum wage by just a …
Seventh Circuit Allows EEOC Free Reign in Conciliation Efforts
12/31/13
By: Amanda Cash
On December 20, 2013, in EEOC v. Mach Mining, LLC, — F.3d —-, 2013 WL 6698515 (7th Cir. 2013), the Seventh Circuit dealt a blow to employers seeking dismissal of Title VII discrimination suits filed by …
Blow to Public Employers: Georgia Supreme Court Expands State Whistleblower Law
11/26/13
By: Amanda Cash
Previously, Georgia’s whistleblower statute prohibited retaliation against public employees who complained or made disclosures about “fraud, waste, or abuse” in government operations or programs. Based on this limited definition, public employers were able to defend against such …
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 …
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 …
