Constangy, Brooks, Smith & Prophete, LLP

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230 Peachtree Street, N.W.
Suite 2400
Atlanta, Georgia 30303-1557, United States
Phone: 404.525.8622
Fax: 404.525.6955
Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
Locations
Other U.S. Locations
  • Alabama
  • California
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
  • New Jersey
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
Number of Attorneys
100+ Attorneys

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and Homeland…more

Executive Orders, Foreign Workers, H-1B, Lottery, Trump Administration

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New York City Council Passes Measure Banning Questions About Salary History

The New York City Council has passed a measure that would bar all private employers from asking about or relying on salary history during the hiring process, and Mayor Bill de Blasio is expected to sign it into law. Assuming he…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary/Wage History

See all updates »

Less Than A Month To Go! Are You Ready For The FLSA Overtime Rule?

The holiday season is almost upon us, and with it comes one of the largest “gifts” the U.S. Department of Labor has ever provided – the new Final Rule on overtime exemptions, which will, in all likelihood, take effect as…more

DOL, Exempt-Employees, FLSA, Non-Exempt Employees, Over-Time

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Massachusetts Employees Can Sue Under Sunday Blue Laws And Win Triple Damages.

A Massachusetts Superior Court in Bassett v. Triton Technologies, Inc., has recently provided a reminder and warning to Massachusetts employers that they must abide by the dictates of Sunday blue laws or risk private lawsuits by…more

Damages, Employer Liability Issues, Wage and Hour

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New York City Retailers, Get Ready To Change Your Employee Scheduling Practices

In an apparent effort not to be outdone by the cities of San Francisco and Seattle, the New York City Council has approved a package of bills that are collectively being referred to as the “Fair Work Week” laws. Fairness, like…more

Employer Liability Issues, Fast-Food Industry, Local Ordinance, On-Call Employees, Retailers

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Is “Reverse Discrimination” Still A Thing?

A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote gender…more

Discrimination, EEOC, Hiring & Firing, Reverse Discrimination, Title VII

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New Jersey “Marital Status” Protection Applies to All Types of Marital Status, State Supreme Court Says

The New Jersey Supreme Court has unanimously ruled that the New Jersey Law Against Discrimination includes protection for separated, divorcing and divorced employees. The LAD prohibits discrimination based on, among other…more

Divorce, Family Status Discrimination, Marital Status, Wrongful Termination

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Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

See all updates »

Retailer - Fall 2016

NEWS & ANALYSIS - Don’t let a “crowd crush” ruin the holiday retail season for your brick-and-mortar employees - As more consumers move to shopping online, retailers expect to lose some in-person traffic at stores this…more

Black Friday, Employer Liability Issues, Holidays, OSHA, Retailers

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BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of…more

Commercial Truck Drivers, Drug Testing, FMCSA, Screening Procedures, Trucking Industry

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Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently former…more

Personnel Records

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What To Make Of The Wage And Hour Division's Voluntary Compliance Agreement With The Subway Franchise System

On July 26, the U.S. Department of Labor’s Wage and Hour Division entered into a “Voluntary Agreement” with the franchisor of the Subway brand, known as Doctor’s Associates, Inc., and its affiliates. The agreement reads…more

Corporate Counsel, DOL, FLSA, Franchisee, Joint Employers

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Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be…more

Department of Education, Educational Institutions, Equal Protection, Gender Identity, School Restrooms

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It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See all updates »

Data Theft And What’s “Tangible”: New York Appellate Division Reinstates Conviction Of Former Goldman Sachs Programmer Sergey Aleynikov

The law often lags behind developments in the tech world. One problem for employers seeking to protect their data is that some anti-theft and trade secret protection laws drafted long ago refer to “goods” and “tangible” items…more

Data Protection, Data Theft, Economic Espionage Act, Misappropriation, Non-Disclosure Agreement

See all updates »

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

See all updates »

Reminder: Fair Credit Reporting Act Compliance and Reporting Changes Effective January 1, 2013

The federal Fair Credit Reporting Act was enacted in 1971 to regulate the consumer credit reporting industry. Employers that use and request consumer background checks from consumer reporting agencies are automatically subject…more

Background Checks, Credit Reports, Criminal Background Checks, FCRA, Notice Requirements

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The Trump Administration’s H-1B crackdown: What employers need to know

Both the U.S. Citizenship and Immigration Services and the U.S. Department of Justice issued public statements yesterday announcing the adoption of aggressive efforts to address purported discrimination against U.S. workers…more

DOJ, H-1B, Popular, USCIS, Visas

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Fast Food Employers In The Empire State: 10 Wage-And-Hour Issues On The Horizon

Employers across New York State will be ringing in the new year with wage increases — particularly those in the hospitality industry, who face additional increases for qualifying "fast food" workers. This update summarizes the…more

Fast-Food Industry, Hospitality Industry, Minimum Wage, Wage and Hour

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What’s The World Coming To? Federal OT Rule Is More Employee-Friendly Than California Law!

Well, not exactly. But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant. Another one happened today: the FLSA has become more…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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Is The Overtime Rule Still Alive, After All?

On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.” But a new lawsuit in federal court in Jersey puts a gulp in that sigh of…more

Chipotle Grill, Exempt-Employees, Over-Time, Wage and Hour

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Immigration Dispatch USCIS To Issue Redesigned Green Cards And Employment Authorization Documents

As part of an ongoing effort to enhance document security and deter counterfeiting and fraud, the U.S. Citizenship and Immigration Services recently announced that it will soon begin issuing redesigned Permanent Resident Cards,…more

Employment Authorization Documents (EAD), Green Cards, I-9, USCIS

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Are Police-Worn Body Cameras A Mandatory Subject Of Bargaining?

Whether justified or not, the recent spate of high-profile police shooting cases throughout the United States has brought national attention to the issue of whether law enforcement officers should be using body cameras while on…more

Body Worn Cameras, Collective Bargaining, Law Enforcement, Police, Police Brutality

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

What Does The Supreme Court “Travel Ban” Decision Mean For Employers?

The U.S. Supreme Court issued a preliminary ruling yesterday in the Trump Administration’s challenges to lower court decisions on the “travel ban.” The Administration had sought to: stay preliminary injunctions issued against…more

Bona Fide Relationship Test, Corporate Counsel, Executive Orders, Foreign Nationals, Preliminary Injunctions

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The Massachusetts Wage Act: A New Incentive for Employers to Pay Up

Since July 2008, Massachusetts employers have been subject to automatic treble damages (that is, three times the amount of any award) for violations of the Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150. Nearly seven years…more

Labor Law Violations, PTO, Termination, Treble Damages, Wage Act

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Pros And Cons Of The Proposed EEOC-OFCCP Merger

President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance…more

Affirmative Action, EEOC, Federal Contractors, Mergers, Non-Discrimination Rules

See all updates »

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

See all updates »

Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation, the…more

ADA, Business Travel, CDC, OSHA, Popular

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Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee…more

DOL, Exempt-Employees, FLSA, Multi-Factor Test, Proposed Regulation

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Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness…more

Constructive Discharge, Green v Brennan, Hiring & Firing, Popular, Race Discrimination

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An Open Love Letter to Justice Clarence Thomas

I admit it. I have a crush on Justice Thomas. Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing…more

Attorney's Fees, EEOC, EEOC v CRST Van Expedited, Prevailing Party, SCOTUS

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Labor Nominee Andrew Puzder's Advocacy For Franchises Has Made Him The Target Of Worker Groups

Andrew Puzder, President Trump’s nominee for Secretary of Labor, is now a household name. You probably know that he is the Chief Executive Officer of CKE Restaurants, Inc., the corporate franchisor of the Hardee’s and Carl’s Jr…more

NLRB, Secretary of Labor, Trump Administration, Wage and Hour

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Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the…more

Employer Liability Issues, Enforcement, OSHA, Penalties, Statutory Penalties

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Massachusetts Beefs Up Its Pay Equity Law

Yesterday Massachusetts Gov. Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed by unanimous votes in the state House and Senate. Although Massachusetts has…more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, NLRA, Wage and Hour

See all updates »

GOOD NEWS FOR MISSOURI EMPLOYERS: New Legislation Should Make Climate More Business-Friendly

A decade of employee-favorable judicial opinions in Missouri has been undone by sweeping amendments to the Missouri Human Rights Act and codification of employee whistleblower claims. On Friday, Gov. Eric Greitens signed into…more

Employer Liability Issues, Employment Discrimination, Human Rights, Whistleblowers

See all updates »

Massachusetts High Court Provides Helpful Guidance to Employers Regarding Damages and Releases Under Wage Act

On December 17, 2012, the Massachusetts Supreme Judicial Court issued a wide-ranging opinion that clarifies the limitations on damages that employees can seek under G.L. c. 149, §§ 148 and 150 ("Wage Act") when an employee…more

Independent Contractors, Misclassification, Over-Time, Statute of Limitations, Tolling

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Unconfirmed Complaints May Be Enough To Trigger An Early OFCCP Audit

Can a year-old rumor be enough to bring the OFCCP running? One administrative law judge says it can. Judge Lystra Harris recently ruled that, because of an oral complaint of discrimination, Mega Construction Project…more

Audits, Discrimination, Federal Contractors, OFCCP

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Call the Doctor! Paid sick leave is on the way for (many) federal contractors

The date for the U.S. Secretary of Labor to issue regulations establishing paid sick leave for covered employees of certain federal contractors is fast approaching. By way of background, on September 7, 2015, President…more

Barack Obama, Davis-Bacon Act, DOL, Executive Orders, Federal Contractors

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Another Way To Get That “Extreme Vetting”: New Visa Questionnaire Will Make Immigration More Difficult

As President Trump’s travel ban remains on hold in the federal court system, the Administration is seeking to get its “extreme vetting” through a new visa questionnaire that will be used with certain individuals seeking entry…more

Immigration Procedures, Travel Ban, Trump Administration, Vetting

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Executive Labor Summary - May / June 2017

NEWS & ANALYSIS - Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On…more

Arbitration Agreements, DOJ, DOL, Minimum Wage, NLRA

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Pros and cons of “resign to run” laws for elected officials

During this election season, we thought it would be timely to bring up what are commonly referred to as “resign to run” laws. So-called “resign to run” laws require that before an elected official may run for a different…more

Public Employees, Public Officials, Resignation

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Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union…more

Non-Union, OSHA, Union Representatives, Workplace Safety

See all updates »

EEOC Follows Through: Comp Data Will Be Required In EEO-1 Reports

The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this…more

EEO-1, EEOC, Federal Contractors, FOIA, OFCCP

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Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the…more

Corporate Counsel, DOL, Enforcement, OSHA, Popular

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Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, EEOC, Gender Identity, Title VII, Transgender

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Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However, as…more

Best Management Practices, Employer Liability Issues, Enforcement Authority, Equal Pay, Equal Pay Act

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The Dissenter’s Uprising: Miscimarra to lead Republican-majority NLRB

Philip A. Miscimarra was nominated to the National Labor Relations Board by President Obama in April 2013. Mr. Miscimarra was quickly confirmed by the Senate and began his term in August 2013. Previously a management-side labor…more

Browning-Ferris Industries of California Inc., Joint Employers, NLRA, NLRB, Trump Administration

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Franchisor Not Liable For Franchisee’s Tip Policy That Allegedly Violated Massachusetts Law

The Massachusetts Superior Court has recently issued a favorable opinion to franchisors under the Massachusetts Tips Act. In Yarpah v. Bowden Hospitality Newton, LLC d/b/a Crowne Plaza Hotel, Justice Kenneth W. Salinger held…more

Franchisee, Franchisors, Tipped Employees, Wage and Hour

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The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade secrets…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Conrad 30 Waiver, Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS

See all updates »

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See all updates »

For The ADEA’s 50th Birthday: An Age Discrimination Quiz

The Age Discrimination in Employment Act recently celebrated its 50th birthday (it doesn’t look a day over 49). This calls for an age discrimination quiz!…more

ADEA, Age Discrimination, Employer Liability Issues, Employment Discrimination, Hiring & Firing

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OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

See all updates »

OFCCP, Google Awaiting A Decision

The hearing on the lawsuit filed by the Office of Federal Contract Compliance Programs against Google concluded on Friday, May 26, in San Francisco. As I’ve reported , the OFCCP is seeking historical pay data as well as names…more

Federal Contractors, Fourth Amendment, Google, OFCCP, Salary/Wage History

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Court Refuses To Block OSHA’s New Anti-Retaliation Rule That Restricts Post-Accident Drug Testing And Safety Incentive Programs

A federal judge in Dallas, Texas, decided Monday that the Occupational Safety and Health Administration could begin enforcing the anti-retaliation provisions of its new “Reasonable Reporting Procedure” rule starting tomorrow…more

Anti-Retaliation Provisions, Drug Testing, Incentives, OSHA, Workplace Injury

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New York City Council Passes Measure Banning Questions About Salary History

The New York City Council has passed a measure that would bar all private employers from asking about or relying on salary history during the hiring process, and Mayor Bill de Blasio is expected to sign it into law. Assuming he…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary/Wage History

See all updates »

President Obama’s labor and employment legacy

Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barak Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s…more

Barack Obama, DOL, EEOC, Equal Pay, Executive Orders

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GOOD NEWS FOR MISSOURI EMPLOYERS: New Legislation Should Make Climate More Business-Friendly

A decade of employee-favorable judicial opinions in Missouri has been undone by sweeping amendments to the Missouri Human Rights Act and codification of employee whistleblower claims. On Friday, Gov. Eric Greitens signed into…more

Employer Liability Issues, Employment Discrimination, Human Rights, Whistleblowers

See all updates »

DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of the…more

Companionship Exemptions, DOL, Enforcement, FLSA, Minimum Wage

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NEW ADMINISTRATION, NEW RULES: “Am I a fiduciary or not?”

As anticipated, and consistent with his stance on reducing government regulation, President Trump signed an executive order late last week directing a review of the retirement plan fiduciary rule (the Dodd-Frank Wall Street…more

Dodd-Frank, DOL, Executive Orders, Fiduciary Rule, Presidential Memorandum

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Q And A About Employee “Political Protest” Strikes

We reported yesterday on the immigrant strikes expected nationwide today and tomorrow, and whether the strikers are protected under the National Labor Relations Act. Here is a more in-depth look at the issue. Q-This week…more

Employer Liability Issues, NLRA, NLRB, Protected Concerted Activity, Strike

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Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union…more

Non-Union, OSHA, Union Representatives, Workplace Safety

See all updates »

Hiring Benchmark For Protected Veterans Is Reduced Again

The Office of Federal Contract Compliance Programs announced that the annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act has been lowered from 6.9 percent to 6.7 percent. This percentage…more

Affirmative Action, Benchmarks, Federal Contractors, Hiring & Firing, OFCCP

See all updates »

Retailer - Summer 2017

NEWS & ANALYSIS - Danger, Will Robinson? Automation is replacing – but also enhancing – many retail jobs- Of the 16 million Americans who work in retail, nearly half could lose their jobs to robots over the next decade, a…more

DOL, Over-Time, Retail Market, Retailers, Salary/Wage History

See all updates »

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

See all updates »

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See all updates »

EEOC Sues To Force Gentlemen’s Club To Hire Male Bartenders

Our tax dollars at work.- In a recent lawsuit filed in federal court in Florida, the Equal Employment Opportunity Commission has asserted a claim of sex discrimination against a gentlemen’s club in Florida for allegedly…more

EEOC, Employer Liability Issues, Hiring & Firing, Job Applicants, Sex Discrimination

See all updates »

E-Discovery And Information Governance: A Team Effort

Your company creates a vast amount of data every day. Information about profit margins, business plans, and employees – you name it, it’s probably on your system. But if you are faced with a class action lawsuit, do you have a…more

Discovery, Electronically Stored Information, Information Governance

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Fair Pay and Safe Workplaces is mostly gone — but not the pay transparency part

Federal contractors were thrilled when Judge Marcia Crone issued a preliminary injunction in late October against President Obama’s Fair Pay and Safe Workplaces Executive Order. But Judge Crone’s decision did not block the…more

Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors, Labor Law Violations, Pay Transparency

See all updates »

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

See all updates »

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