Labor & Employment Updates

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Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

Kenan Transport to Pay $27,000 to Settle EEOC Pregnancy Discrimination and Retaliation Suit

Company Forced Pregnant Employee to Take Unpaid Leave of Absence, Then Fired Her for Complaining, Federal Agency Charged - SPARTANBURG, S.C. - Kenan Transport, LLC, a Delaware trucking company that operates a terminal...more

College Athletes and Unions: A First Strike from the NLRB

On March 26, the Chicago Region of the National Labor Relations Board (the “NLRB” or the “Board”) decided that college football players at Northwestern University not only are “employees” but also are entitled to form a labor...more

President Obama Calls for Revisions to FLSA’s Overtime Regulations

On March 13, 2014, President Obama signed a Presidential Memorandum that directed Secretary of Labor Tom Perez to review the Fair Labor Standards Act (“FLSA”) and revise the regulations that define who qualifies for overtime...more

Making a Reasonable Accommodation: Walgreens and the $1.37 Question

A California federal court denied Walgreen Co.’s motion for summary judgment on April 11, 2014, in a disability discrimination case brought by the Equal Employment Opportunity Commission (EEOC v. Walgreen Co., 2014 U.S. Dist....more

RELEASED ON (VERY LITTLE) BOND: Suspect Accused Of Preparing To Flee U.S. With Gore Trade Secrets Is Released On Nominal Bond

A federal magistrate judge has released on bond the accused trade-secrets larcenist and former W. L. Gore & Associates, Inc. employee Kwang Seoung Jeon, who was arrested as he allegedly tried to flee the United States for his...more

Queen v. Schultz

Queen v. Schultz - USCA, D.C. Circuit, April 4, 2014 - Defendant Ed Schultz is a radio and television personality currently hosting “The Ed Show” on the MSNBC network. Plaintiff Michael Queen is an NBC employee who...more

What Has Fahlen Wrought?

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

Deadline for Philadelphia Employers to Post New Notice of Rights for Pregnant Employees is Approaching

This Sunday, April 20, marks the deadline by which Philadelphia employers must provide their employees with written notice of a recent amendment to Philadelphia’s Fair Practices Ordinance. The amendment provides additional...more

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

Week in Review

Employers and their IT departments are always looking for ways to protect their data in this age of constantly changing technology. One new form of protection that may become available to employers is a "kill switch" on...more

Employment Law Checkup 2014

Each year usually starts with a lot of resolutions and good intentions that fall by the wayside, mostly for lack of a plan. One resolution of all employers should be to update their policies and practices to comply with the...more

Old Days – Remembering When Small Business Had Pension Plans

We lived in politically charged times. Congress seems unable to reach any consensus on anything including where to have the annual Congressional Christmas Ball! Years of political crossfire over the Affordable Care Act have...more

“Oh, What A Tangled Web We Weave When First We Practice To Deceive.”

Employer avoids liability for harassing texts sent by rogue employee - In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts...more

Alberta Arbitration Board Considers Random Alcohol and Drug Testing in Closely Watched Case

An Alberta Arbitration Board has recently released its decision in the closely followed case of Unifor, Local 707A v Suncor Energy Inc regarding Suncor’s random drug and alcohol testing policy for safety sensitive union...more

Virginia Supreme Court Opinions Affecting Local Government Law: April 17, 2014

The Virginia Supreme Court issued opinions yesterday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term’s opinions are a...more

France amends the SYNTEC collective bargaining agreement

Media worldwide – and especially in the US – have this week been reporting a new French law that supposedly prohibits employees from answering emails after 6 pm. The reporting on this issue has been misleading,...more

Senator Grassley Announces the Creation of a Congressional Whistleblower Caucus

Last week, we provided an update on Senator Chuck Grassley’s (R-IA) efforts to strengthen the IRS Whistleblower Program and expedite the processing of IRS Whistleblower claims. Now, Senator Grassley – a longtime advocate for...more

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion...more

QUIRKY QUESTION # 224, The De Minimis Defense to Off the Clock Work Claims

We have an employee who is claiming that he should be paid for time cleaning up his work station after logging out of our electronic time keeping system each night. Literally, he spends one or two minutes straightening his...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

Benhar Office Interiors to Pay $90,000 to Settle EEOC Pregnancy Discrimination Suit

Federal Agency Charged Office Furniture Store with Refusing to Hire Applicant When It Learned She Was Pregnant - NEW YORK - Benhar Office Interiors LLC, a New York-based office furnishing and architectural store in...more

Employee Needs More Than Speculation to Support his Retaliation Claim

To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In...more

It’s The End of the World as We Know It: Life after Non-Competes in Massachusetts (Why You Should Feel Fine)

Last week, Massachusetts Governor Deval Patrick announced a new economic plan and filed legislation which included a plan to eliminate non-competition agreements. The plan was quickly applauded and criticized by those in the...more

A Quick Note About SDI

I have noted some confusion among employers about what information must be given to employees regarding California State Disability Insurance (SDI) and when it must be provided. Employers are currently responsible for...more

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