Steven Suflas

Steven Suflas

Ballard Spahr LLP

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Colorado Governor Signs Bill That Gives Employees Right To Review Their Personnel File

A bill requiring Colorado private employers to provide requesting employees with access to inspect and copy their personnel files at least annually has been signed by Governor John Hickenlooper. The bill defines "personnel...more

6/14/2016 - Corporate Counsel Employee Rights Hiring & Firing New Legislation Personnel Records

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

6/9/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions Corporate Counsel D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB Popular Pre-Employment Agreements Section 7

Governor Signs Pregnancy Accommodation Bill into Law Following Passage by Colorado Legislature

Governor Hickenlooper earlier this week signed a bill passed by the Colorado General Assembly that requires Colorado employers to provide reasonable workplace accommodations for applicants and employees who have needs due to...more

6/3/2016 - Notice Requirements Pregnancy Pregnancy Discrimination Reasonable Accommodation Undue Hardship

The FLSA’s New Overtime Rule Is Here - Higher Ed Applications

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016,—will...more

5/19/2016 - Colleges DOL Educational Institutions Final Rules FLSA Minimum Salary Over-Time Universities Wage and Hour White-Collar Exemptions

The FLSA’s New Overtime Rule Is Here

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016—will...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Utah Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

4/20/2016 - DOL Employment Policies Exempt-Employees Final Rules FLSA Minimum Salary OMB Over-Time Wage and Hour White-Collar Exemptions

Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

4/20/2016 - DOL Employment Policies Exempt-Employees Final Rules FLSA Minimum Salary OMB Over-Time Wage and Hour White-Collar Exemptions

Divided Supreme Court Allows Public Unions’ Agency Fee Collection to Continue

In a much anticipated case, an evenly divided U.S. Supreme Court has issued a per curiam order letting stand a Court of Appeals decision that allows unions to collect dues from public employees, even if those employees do not...more

3/31/2016 - Fair Share Law First Amendment Free Speech Friedrichs v CA Teachers Association Opt-Outs Public Employees SCOTUS Union Dues

Supreme Court Allows Use of Statistical Sampling in Class Actions, But Only In Narrow Circumstances

The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more

3/25/2016 - Admissible Evidence Class Action Class Certification Doffing Donning FLSA SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Colorado Supreme Court Upholds Firing Over Off-Duty Medical Marijuana Use

An employer did not act unlawfully when it fired a quadriplegic worker who used medical marijuana while off duty, the Colorado Supreme Court ruled today in a 6-0 decision. Affirming the April 2013 decision of the Colorado...more

6/17/2015 - Coats v Dish Network Controlled Substances Act Disabled Dish Network Drug Testing Hiring & Firing Lawful Activities Act Medical Marijuana Non-Work Hours Wrongful Termination

NLRB Rules Workers Have Right To Use Employer E-mail for Organizing Activity, Reversing Precedent

In a closely watched decision, the National Labor Relations Board (the Board) ruled today that workers must be permitted to use their employers’ e-mail systems for union organizing activity and all other communications about...more

12/12/2014 - Email NLRB Purple Communications Unions

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

8/6/2014 - Appeals Arbitration Arbitration Agreements Arbitrators Class Action Class Action Arbitration Waivers Employer Liability Issues FLSA Jurisdiction Robert Half

Calif. Supreme Court Sides Against NLRB, Finds Class Action Waivers in Arbitration Agreements Enforceable

The Supreme Court of California recently found an employee’s waiver of the right to bring a class action against his former employer enforceable under state law. In the process, the court reversed its 2007 decision in Gentry...more

6/30/2014

Supreme Court Invalidates NLRB Recess Appointments

The U.S. Supreme Court ruled yesterday that President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB) were invalid. Justice Stephen Breyer delivered the opinion of the Court in N.L.R.B. v. Noel...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...more

6/5/2014 - ADA Appeals EEOC Employer Liability Issues Hiring & Firing Paid Leave Reasonable Accommodation Rehabilitation Act Unpaid Leave

Eleventh Circuit Agrees Employees Can Waive FLSA Collective Action Rights

The U.S. Court of Appeals for the Eleventh Circuit has become the fifth appellate court to hand down a victory for employers in the fight over enforceability of class action waivers. The court ruled that an arbitration...more

3/27/2014 - Class Action Collective Actions FLSA Waivers

UAW’s Loss at VW—What To Expect

The United Auto Workers suffered a devastating defeat at the polls at Volkswagen AG’s Chattanooga, Tennessee, plant on Valentine's Day, losing a National Labor Relations Board-conducted election by a vote of 712 to 626. The...more

2/17/2014 - Automotive Industry NLRB UAW Unions Volkswagen

Fifth Circuit Rejects NLRB Ruling Invaliding Class Action Waivers in Arbitration Agreements

On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to...more

12/5/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

New Jersey SAFE Act Poster Available

The New Jersey Department of Labor and Workforce Development is making available to employers a poster notifying employees of their rights under the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). The NJ SAFE...more

11/11/2013 - Domestic Violence SAFE Act Sexual Abuse Sexual Assault

Non-Public Facebook Posts Protected by Stored Communications Act, N.J. District Court Holds

In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more

9/4/2013 - Facebook Invasion of Privacy Social Media Stored Communications Act

Supreme Court Issues Two Employer-Friendly Title VII Decisions

The U.S. Supreme Court yesterday issued two Title VII decisions favorable to employers. One case examined the definition of a supervisor under the anti-discrimination laws, and the other dealt with an employee’s burden of...more

6/25/2013 - Adverse Employment Action Discrimination Harassment Hiring & Firing Mixed Motive Cases Race Discrimination Retaliation SCOTUS Supervisors Title VII Vance v. Ball State University

NJ Lawmakers: Invalidating Restrictive Covenants Will Assist the Unemployed

Citing the state’s jobless rate, three New Jersey state assemblymen are challenging the longstanding employer practice of restricting the post-employment activities of employees who are terminated or resign. On April 4, 2013,...more

4/26/2013 - Hiring & Firing Non-Compete Agreements Restrictive Covenants Unemployment

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

1/15/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Mandatory Arbitration Clauses NLRA NLRB Protected Concerted Activity

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