FordHarrison

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Labor Department Settles Overtime Pay Dispute with Its Own Employees

The Department of Labor (DOL) has agreed to pay $7 million to resolve claims that it failed to pay overtime to thousands of its own employees. The settlement reached with the American Federation of Government Employees Local 12…more
| Labor & Employment Law

NLRB Holds Student Assistants Who Have a Common-Law Employment Relationship With a Private University Are "Employees" Under The National Labor Relations Act

In an August 23, 2016, decision, Trustees of Columbia University, 364 NLRB No. 90 (2016), the National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law employment…more
| Education, Labor & Employment Law

#Fired: Post a Tweet, Lose Your Job

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former…more
| Communications & Media Law, Labor & Employment Law

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that claims…more
| Civil Procedure, Labor & Employment Law

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes" - FordHarrison

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has been…more
| Civil Rights, Conflict of Laws, Labor & Employment Law

Olympics and the Power of Positivity and Unity

They did it again. The Olympics sucked me in. I am an admitted hard core sports fan when it comes to my professional teams, but like most people I’m not usually watching swimming, beach volleyball, or [fill in the blank with…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

New OFCCP Sex Discrimination Rule Now in Effect

On June 14, 2016, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published its updated sex discrimination rule for federal contractors and subcontractors. The Final Rule, "Discrimination on the…more
| Civil Rights, Government Contracting, Labor & Employment Law

eTeam: Finding the leader to take you from idea to profit

Books are supposed to be my bailiwick here at the blog and after several posts on anything but, I figure it’s time to return to that groove. This week I want to focus on new businesses, or “startups,” if you prefer…more
| Commercial Law & Contracts, Labor & Employment Law

Airline Industry Alert: NLRB Rules Aircraft Cleaners Are Not Subject to the Railway Labor Act

On July 26, 2016, the National Labor Relations Board (NLRB) ruled that Menzies Aviation (USA), Inc. (Menzies) fell under its jurisdiction. In resolving a recurring dispute as to whether ground operations provided to air carriers…more
| Civil Procedure, Labor & Employment Law, Transportation

Massachusetts Lawmakers Approve Pay Equity Bill

Executive Summary: On July 23, Massachusetts lawmakers unanimously approved An Act to Establish Pay Equity (the "Bill"), which seeks to ensure that men and women are paid equally for comparable work. Variations in pay must be…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Immigration Penalties Increase Effective August 1, 2016

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by the…more
| Civil Rights, Immigration Law, International Law & Trade, Labor & Employment Law

Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime

Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage…more
| Health, Labor & Employment Law

Who Decides Whether Arbitration Will Include Class Claims? California High Court Says Ambiguous Agreements May Be Decided in Favor of Workers

In a decision that will likely be seen as a win for employees, a sharply divided California Supreme Court ruled that the question of whether a court or an arbitrator decides if an arbitration agreement permits class claims…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Brilliant (but not bedazzled) baristas

A ton of us are drinking coffee. I literally have a paper cup full of “life juice” next to my keyboard as I write this post. Coffee is not the reason I get out bed, but it is certainly a large contributor to me not staying out…more
| Labor & Employment Law
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Atlanta, GA 30363, United States

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