"Show Me Your Papers" Upheld by Arizona Federal Judge, Echoing Georgia Ruling
9/7/12
By: Kelly Morrison
A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state’s immigration law, which critics have dubbed the “show me your papers” provision.
The ruling by U.S. District Judge Susan Bolton …
Beware Of Higher Minimum Wage – It May Not Be Too Far Away
8/29/12
By: Brad Adler
Recently, the Fair Minimum Wage Act of 2012 was introduced in Congress. This legislation would raise the federal minimum wage in three 85-cent steps from its current $7.25 an hour to $9.80 by the end of 2014. …
Better Not Ask for an Employee’s Facebook Password in Illinois
8/9/12
By: Brad Adler
Reacting to the chorus of critics lamenting the purported trend of employers demanding employees provide them with their social networking passwords, Illinois has now joined Maryland in prohibiting companies from demanding an employee’s social networking passwords as …
Employers Beware of Rules Against Employee Discussion of Internal Investigations
8/1/12
By: David Cole
On July 30, the NLRB issued a decision in the case of Banner Estrella Medical Center, which highlights the dangers of blanket instructions or policies prohibiting employees from discussing internal investigations. The company’s human resources manager …
Georgia Court Raises Standard for Whistleblower Actions
7/30/12
By: Kelly Morrison
The Georgia Court of Appeals, in Fulton County v. Colon, recently issued a ruling on whistleblower lawsuits, which may significantly narrow the scope of actions that can be brought against governmental entities by disgruntled employees.
The …
The Eleventh Circuit Rules First Restrictive Covenant Law as Unconstitutional
6/27/12
By: Brad Adler
For those that have followed the saga over the passage of the new restrictive covenant law, the Eleventh Circuit (without much fanfare) has chimed in on the issue and ruled that the Georgia legislature’s first attempt to …
Supreme Court Rules Pharmaceutical Sales Reps Are Exempt
6/21/12
By: Brad Adler
Great news for employers with sales professionals in the pharmaceutical industry. The Supreme Court ruled on Monday that pharmaceutical sales people are exempt from the FLSA’s overtime requirements under the “outside sales” exemption.
Previously, federal circuit courts …
Implications of Wisconsin Recall Vote on Public Sector Unions
6/20/12
By: Jason Mitchell
Governor Scott Walker survived June 5th’s recall vote by a margin of 7% or roughly 173,00 votes. Because public sector union rights played an important role in the recall campaign, the outcome likely will carry significant …
Retaliatory Hostile Work Environment Claim Recognized by Eleventh Circuit
6/18/12
By: Joyce Mocek
In a case of first impression for the Eleventh Circuit, the Court in Gowski v. Peake held that a retaliatory hostile work environment was a viable claim. The Court also noted that although discrete acts cannot alone …
New Guidelines on Social Media Policies
5/11/12
By: Joyce Mocek
Last week, the Acting General Counsel of the National Labor Relations Board (NLRB) issed a 24 page report containing specific guidelines for employers on their policies concerning social media use. This is the third report that the …