The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more
Earlier this week, in Sandifer v. U.S. Steel Corp., the Supreme Court addressed whether unionized workers may be entitled to compensation for time spent putting on and taking off protective gear. The Court found that putting...more
Earlier this week, the Fifth Circuit Court of Appeals ruled in D.R. Horton, Inc. v. National Labor Relations Board, that arbitration agreements which bar employees from pursuing class actions do not violate federal labor law....more
Effective December 30, 2012, California implemented various changes to its Pregnancy Disability Leave Law (PDLL), which are beginning to be put to the test.
The new regulations expand when an employee may be considered...more
Windsor v. United States -
Issue: Can the federal government define marriage?
Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more
Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying...more
Yesterday, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board (NLRB) rule requiring employers to post notices regarding employees’ right to unionize was invalid. ...more
Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) -
The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more
Federal spending cuts as a result of the looming fiscal cliff may have an additional impact on federal contractors anticipating layoffs or plant closures. Employers with 100 or more employees are required to provide their...more
Under the federal Fair Credit Reporting Act (FCRA), employers are required to provide a Summary of Rights form to individuals who are the subject of an investigative consumer report and/or before adverse action is taken based...more