Summer Davis

Summer Davis

Bradley Arant Boult Cummings LLP

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Latest Publications


Time Spent During Security Screening of Apple Employee Bags Not Compensable Under California State Law

Apple scored a decisive wage-and-hour victory when a California district court recently tossed a class action in which the plaintiff employees sought compensation for time spent undergoing exit bag searches to ensure they...more

11/20/2015 - Apple Class Action Screening Procedures Wage and Hour

Anticipate Abuse of Paid Sick Leave for Government Contractors

In an executive order released on Labor Day (one can only assume that the pun was intended), President Obama declared that all businesses that contract with the U.S. government will have to provide their employees with paid...more

10/7/2015 - Barack Obama DOL Employer Mandates Executive Orders Federal Contractors Paid Leave Sick Leave Sick Pay

The U.S. Department of Labor Strikes Again – Worker Misclassification is (Still) a Hot Topic

Continuing the trend of exposing companies who have misclassified workers, the U.S. Department of Labor (DOL) has persuaded its latest target, Halliburton Co., to pay $18.3 million to compensate employees for unpaid overtime....more

9/30/2015 - DOL FLSA Halliburton Independent Contractors Misclassification Over-Time

Investing Wisely: Employers Need to Monitor 401(k) Plan Fees

Costly lawsuits filed by employees against their employers come in several varieties, including lawsuits alleging liability because of an employer’s handling of its employee benefit plans. Earlier this year, the U.S. Supreme...more

9/22/2015 - 401k Benefit Plan Sponsors Boeing Breach of Duty Class Action Employee Contributions Employer Liability Issues ERISA Fiduciary Duty Injunctive Relief Investment Lockheed Martin Mutual Funds Retirement Retirement Plan S&P SCOTUS

President Obama Jumps On Netflix Bandwagon And Mandates Paid Sick Leave For Federal Contractors

In early August, Netflix announced that in addition to offering unlimited sick and vacation days, it would also allow employees to take unlimited paid parental leave. Refusing to be upstaged by the private sector, on Labor...more

9/9/2015 - DOL Employee Benefits Executive Orders Federal Contractors Netflix Obama Administration PTO Sick Leave Wage and Hour

DOL Proposes Rules For Compliance With Obama’s Fair Pay And Safe Workplaces Executive Order

Last summer, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which requires government contractors hoping to secure contracts of over $500,000 to disclose state and federal labor law violations from...more

6/1/2015 - Barack Obama DOL Fair Pay and Safe Workplaces Federal Contractors

Recent $50,000 Settlement Serves as Reminder that Employers Do Not Always Know What’s Best for their Employees

Question: Your employee has a heart attack and wants to return to work sooner than you think he should. There’s nothing wrong with giving the employee additional time off or terminating the employee if you think the job will...more

4/9/2015 - ADA Adverse Employment Action Disability Disability Discrimination EEOC Enforcement Actions

You Must Be Sober For More Than A Week To Keep Your Truck Driving Job

If a commercial driver is diagnosed with chronic alcoholism, can his employer terminate him a week later because his diagnosis excludes him from performing the essential functions of his job? In Jarvela v. Crete Carrier...more

2/4/2015 - ADA Commercial Truck Drivers Drug & Alcohol Abuse Hiring & Firing Termination Trucking Industry

NLRB In ConAgra Ruling Signals What May Be Solicitation

The National Labor Relations Board recently decided that discipline of an employee for violation of the employer’s nonsolicitation policy was unlawful, even though the employee engaged in union-related discussion and the...more

1/7/2015 - Adverse Employment Action ConAgra Discipline Employee Solicitation Employer Liability Issues Employment Policies Enforcement Actions NLRB Union Membership Unions

NLRB’s ConAgra Foods Decision Finds Employer’s Application of Non-Solicitation Policy Unlawful

The NLRB recently decided that ConAgra Food’s discipline of Janette Haines for violating the non-solicitation policy was unlawful, even though Haines engaged in a union-related discussion, and her discussion prompted another...more

12/16/2014 - ConAgra Corporate Counsel Employer Liability Issues NLRB Protected Concerted Activity Solicitation/Distribution Policies Union Elections Unions

But Wait . . . My Workers Are Independent Contractors, Right?

Following the U.S. Department of Labor’s recent release of its Memorandum of Understanding (“MOU”) with the Alabama Department of Labor, employers should not rest easy simply because they classify their workers as independent...more

10/14/2014 - DOL Employee Definition Employer Liability Issues Independent Contractors Memorandum of Understanding Misclassification

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

9/17/2014 - ADAAA ADEA Discrimination EEOC Employer Liability Issues Equal Pay GINA Hiring & Firing PDA Retaliation Title VII

Obama Administration’s Recess Appointments to the NLRB Declared Unconstitutional: All NLRB Decisions Since January 2012 Overturned

In Noel Canning v. NLRB, the D.C. Circuit Court recently ruled that President Obama lacked the authority to make three recess appointments to the five-member National Labor Relations Board (NLRB), rendering the recess...more

2/11/2013 - Banner Health System Barack Obama Canning v NLRB Costco Karl Knauz Motors Marriott NLRB Recess Appointments Sodexo America WKYC-TV

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