Employment Flash - February 2014


In This Issue:

- US Supreme Court Rules on Donning and Doffing Issue

- NLRB Judge Invalidates Arbitration Agreement Without Class Action Waiver

- Second Circuit Rules on Single Employer Liability Under the WARN Act

- SDNY Reaffirms Undocumented Workers Can Seek Back Pay for FLSA Violations

- New York City to Expand Earned Sick Time Act

- New Jersey Passes Ban on Workplace Pregnancy Discrimination

- New Jersey Appellate Division Upholds Criminal Indictment Regarding Employee’s Taking of Confidential Documents to Support Discrimination Charge

- California’s Domestic Worker Overtime Provision Takes Effect

- San Francisco Implements Flexible Work Schedule Ordinance

- US Department of Justice Announces Largest Payment in Immigration Case

- UK Government Reforms TUPE

- Excerpt from NLRB Judge Invalidates Arbitration Agreement Without Class Action Waiver:

On January 17, 2014, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) held that maintaining and enforcing a mandatory arbitration agreement violated the National Labor Relations Act (NLRA) by interfering with an employee’s Section 7 right to engage in concerted activity, even though the agreement did not expressly prohibit classwide, collective or representative actions. Leslie’s Poolmart, Inc. v. Keith Cunningham, No. 21-CA-102332, 2014 WL 204208 (N.L.R.B. Jan. 17, 2014). In so holding, the ALJ expanded the NLRB’s controversial decision in D.R. Horton, Inc., 357 N.L.R.B. No. 184 (Jan. 3, 2012), where the NLRB held that an arbitration agreement violated the NLRA because it explicitly precluded the filing of joint, class or collective actions...

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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