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Santiago Alaniz

Hospitality Update, No. 1, March 2013: Unions Want Fast Food – Now!

With union membership rates at their lowest level since the National Labor Relations Act (NLRA) was enacted in 1935, organized labor is desperately seeking to attract new members, even if that means targeting new industries that…more

Fast-Food Industry, NLRA, NLRB, Protected Concerted Activity, Retailers

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Michelle Anderson

Hospitality Update, No. 3, September 2013: Put It On My Card? Not So Fast!

In the age of technology and convenience, some businesses, particularly those with multi-state operations, are turning away from issuing paychecks to employees or paying them by direct deposit. Instead, some are opting to pay…more

Debit Cards, Hospitality Industry, Minimum Wage, Payroll Cards, Wages

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Gregory Ballew

Antisocial Media - Union Not Liable For Threatening Facebook Posts

Imagine if you will, that a company-sponsored website allows employees to post comments. During the course of a union strike, an employee who chooses to cross the picket line posts a comment threatening to kill union members…more

ALJ, Communications Decency Act, Employer Liability Issues, Facebook, NLRB

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Bethanie Barnes

Supreme Court: Arbitrators, Not Courts, Decide Whether A Suit May Proceed To Arbitration

On March 5, 2013, the U.S. Supreme Court upheld an arbitration panel’s award and broadened arbitrators’ authority to determine preliminary issues in arbitration agreements. Although the case concerned a treaty dispute between a…more

Arbitration, Arbitration Agreements, BG Group v Republic of Argentina, Contract Drafting, Foreign Investment

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Cheryl Behymer

President Obama Delivers Double Dose of Wage-Related Rules to Employers

President Obama signed two important documents this week that impact many employers. First, he signed an Executive Order protecting employees who disclose their compensation to co-workers. Second, he sent a Presidential…more

Affirmative Action, Barack Obama, DOL, Executive Orders, Federal Contractors

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Steven M. Bernstein

It's Back – NLRB's Revives Quickie Election Rule That May Soon Be Here to Stay

The National Labor Relations Board has just announced that the agency would be reissuing its proposed “quickie election” amendments to rules governing representation case procedures. The news came in the form of a press…more

NLRB, Quickie Election Rules, Union Elections

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Ted Boehm

USDOL Guidance Released On "Adult Foster Care", "Shared Living Arrangements"

We reported earlier that the U.S. Labor Department has issued a Final Rule re-stating the requirements for and limitations upon the federal Fair Labor Standards Act's Section 13(a)(15) "companionship exemption". The changes are…more

DOL, Exempt-Employees, FLSA, Non-Exempt Employees

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Risa Boerner

Connecticut Governor Vetoes Non-Compete Bill

Last month, the Connecticut state legislature passed a bill that would have regulated the use of noncompete agreements…more

Dannel Malloy, Legislative Vetoes, Non-Compete Agreements, Restrictive Covenants

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Suzanne Bogdan

Student Sexting: A Serious Issue in Need of a Thoughtful Response

Sexting among today’s teens is a problem that is under-the-radar in many schools. For those who have not yet encountered the issue, “sexting” is when young people take nude pictures or video images of themselves or others, using…more

Child Pornography, Sexting, Students

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D. Albert Brannen

Labor Letter, November 2013: Plan Now To Minimize Liability For Holiday-Party Misconduct

36% of employers report employee misconduct at holiday parties. The misconduct ranges from excessive drinking to sexual advances, off-color jokes, vulgar language, arguments, or even fistfights. This article summarizes risks to…more

Employer Liability Issues, Holiday Parties

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Paul Burmeister

Flag On The Play: Will Unions Change the Game of College Sports?

In a historic move, members of the Northwestern University football team recently took initial steps to form a union and seek collective-bargaining rights with the university. Shortly thereafter, the team filed a petition with…more

College Athletes, NLRB, Unions

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Amanda Caldwell

Basics Of Employment Law In Italy: Part II

This article is the second in a series which provides a brief overview of the some of the key elements of employment law in Italy. This article will focus on the specific laws prohibiting discrimination and harassment in the…more

EU, International Labor Laws

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Colin Calvert

The Alternative-Workweek: Oasis Or Mirage?

California employers are acutely aware of the typical schedule worked by employees: eight hours a day, five days a week. As we have become accustomed to doing, California law generally requires employers to pay employees…more

Employee Rights, Flexible Work Arrangements, Over-Time

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Ria Chattergoon

Labor Letter, June 2013: Love Is In The Air…

Nora Roberts said “Love and magic have a great deal in common. They enrich the soul, delight the heart. And they both take practice.” Love and the workplace, however, well, that is a different ball game…more

Workplace Romances

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Christin M. Choi

Labor Letter, October 2013: Variety Is The Spice Of The Court: A Preview of the 2013-14 Supreme Court Term

The upcoming Supreme Court term promises a series of significant decisions for employers. No less than seven cases (and potentially two more pending petitions) will have at least some impact on all employers this year. The…more

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Tillman Coffey

Does Your Dealership Have A Locker Room Mentality?

If a year ago you had heard that conduct in an NFL locker room had resulted in a complaint of harassment and bullying, you might have assumed that the alleged victim was a female reporter. Few would have guessed that the alleged…more

Bullying, Harassment, Hazing

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Jessica T. Cook

Labor Letter, November 2013: Extraordinary People

The O-1A visa category is available to foreign nationals with extraordinary ability in the arts, sciences, education, business, or athletics who want to work in the United States. These individuals are part of a small…more

O-1 Aliens of Extraordinary Ability, Visas

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Laurel Cornell

Labor Letter, August 2013: NLRB Taking Close Look At Photography Policies

In February of 2009, a Wisconsin medical center fired several nurses after they electronically posted patient x-rays to their Facebook page, revealing the presence of a potentially embarrassing foreign object. As a result, the…more

Facebook, FBI, HIPAA, NLRB, Photographs

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Craig Cowart

Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.

The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and…more

Discrimination, Paula Deen, Racial Discrimination, Slurs

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Myra K Creighton

Healthcare Update, No. 1, February 2013: You Know It When You See It: Company "On Notice" Of Employee's Need For FMLA Leave

The Family and Medical Leave Act (FMLA) entitles an employee with a serious health condition to 12 workweeks of job-protected leave during any 12-month period. The employee may sue if the employer interferes with the employee’s…more

Claim of Interference, FMLA, Notice Requirements, Paid Leave

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Roland De Monte

Turkish Wage and Hour Law Shares Many Complexities With Its American Counterpart

Wage and hour law in Turkey is deceptively complex despite its seemingly simple premise, just as its American counterpart. Indeed, many of the same issues American employers wrangle with relative to laws and regulations…more

EU, Minimum Wage, Unpaid Overtime, Wage and Hour

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Cynthia Doll

Labor Letter - April 2013: Curbing Abuse Of "Intermittent" FMLA Leave

The Family Medical Leave Act (FMLA) allows employees to take 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. The leave can be taken in one block,…more

FMLA, FMLA Abuse, FMLA Certification Forms, Medical Leave

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Jeffrey Dretler

"You Can't Fire Me For That – I Was Off Duty!"

Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an…more

Employee Rights, Employer Liability Issues, Firearms, Hiring & Firing, Medical Marijuana

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Amber Elias

State Court Holds Employers Must Protect Trade Secrets From Independent Contractors

A recent Massachusetts Superior Court decision held that employers risk losing trade secrets and confidential information if they do not protect that information from independent contractors. The court held that employers who do…more

Confidential Information, Confidentiality Agreements, E-Waste, Employee Handbooks, Independent Contractors

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Michael Elkon

Healthcare Update, No. 3, August 2013: Protect Your Key Information – And Your Key Relationships

Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional…more

Confidential Information, Cybersecurity, Healthcare, Healthcare Professionals, Mobile Devices

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Sandra Feingerts

Is There An Elephant In The Room?

401(k) Plan documents can read like Russian novels. They are often long and difficult to understand, so it’s no surprise that administrative errors in operating such plans happen frequently. Common errors include omitting or…more

401k, Benefit Plan Sponsors, Contract Drafting, ERISA, IRS

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James Fessenden

California Wage/Hour Update No. 3, July 2013: Appellate Court Attacks Piece-Rate Compensation – Again

The piece-rate compensation system, common among automotive technicians, agricultural workers, manufacturing employees, truck drivers, and others, has been a viable and rewarding form of compensation in California for over a…more

Compensation & Benefits, Compliance, Employee Benefits, Piece-Rate Pay, Rest and Meal Break

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Joseph Gagnon

Labor Letter, September 2013: Supreme Court Tightens Standard In Retaliation Cases

As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the…more

Civil Rights Act, Discrimination, EEOC, Harassment, Racial Discrimination

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Tabatha George

If You're Going To Light Up, Pay Up

Is charging smokers more for healthcare really legal? Employees who smoke cost U.S. companies $6,000 more per year than their tobacco-free counterparts, according to a study released this summer by Micah Berman of Ohio…more

Healthcare, Smokers

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Michael Greco

FAQ's on FINRA's Broker Compensation Proposal

On March 10, 2014, FINRA filed proposed Rule 2243 with the SEC. The proposed rule would require firms and registered reps to disclose certain financial incentives offered to reps in connection with a change in employment and…more

Brokers, Disclosure, FINRA, SEC

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Susan M. Guerette

Medical Device Industry Remains a Hotbed for NonCompete Litigation

A recent opinion stemming from a lawsuit between two competitors in the medical device industry reminds us of the old adage “be careful what you wish for.” In Howmedica Osteonics Corp. v. Zimmer, Inc., the plaintiff seemed to…more

Bonds, Medical Devices, Non-Compete Agreements, Preliminary Injunctions, Restrictive Covenants

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Gregory Hanscom

When Coaches Can't Compete -- Non-Competes in Sports

In the lucrative world of big time college football, universities continually try to gain an edge over the competition by, among other things, luring top notch coaches with generous multi-million dollar contracts. One such…more

Athletes, Coaches, Non-Compete Agreements, Sports

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Edward F. Harold

Partying In The Store

The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or…more

ADA, Disability, Disability Discrimination, Employer Liability Issues, OSHA

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James R. Holland II

Labor Letter, June 2013: Becoming A Resume Lie Detector

Society of Human Resource Management studies show that 53% of job applicants lie on their resumes. Other research has placed the number at between 30% and 50%, with one 2011 study saying that 80% of resumes are – at a minimum –…more

Applications, Hiring & Firing, Job Applicants, Misleading Impressions, Misleading Statements

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Grace Y. Horoupian

Hospitality Update, No. 4, December 2012: Let Me Take A Look At That Tattoo

There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with these…more

Appearance Policy, Resorts & Restaurants, Title VII

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Celia Joseph

Court Upholds Forum Selection Clause Over Plaintiff's Claims of Inconvenience and Expense

A senior manager alleging claims against his former employer arising out of the early termination of an incentive plan will have to take his case abroad. In Wolf v. TBG Limited, C.A. No. 13-3315 (Jan. 28, 2014), the United…more

Employee Benefits, Forum Selection Clause, Incentive Compensation

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Abigail Kofman

Service Animals In School

Joey is a 5th grade student who is hearing impaired. Joey’s parents request that he be allowed to attend school with his service dog, Snickers. You learn that Joey’s teacher is severely allergic to animal dander. You are also…more

Assistive Animals, Public Schools, Service Animals

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Matthew R. Korn

Labor Letter, December 2013: State of the Unions: New Tactics Target Unorganized Workers

If you've been following the news, you probably realize that it has been a busy year for organized labor. The percentage of unionized workers in the private sector has fallen to historic lows, leaving unions with fewer…more

AFL-CIO, Employer Liability Issues, NLRB, SEIU, Social Media

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John Lai

The Alternative-Workweek: Oasis Or Mirage?

California employers are acutely aware of the typical schedule worked by employees: eight hours a day, five days a week. As we have become accustomed to doing, California law generally requires employers to pay employees…more

Employee Rights, Flexible Work Arrangements, Over-Time

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Annie Lau

Human Resource Considerations in China

When people think about the reasons they have left an organization or have not accepted an offer with a company, one of the key common factors is perhaps something one might not expect: development, or rather, the lack thereof…more

China, Human Resources Professionals

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Todd Logsdon

Retail Industry Update, No. 1, March 2013: Retailers And Workplace Violence

Under OSHA’s general-duty clause, all employers have the obligation to maintain a safe workplace regardless of whether OSHA has adopted any particular standard relating to how the tasks at issue are to be performed. In the…more

OSHA, Retailers, Risk Assessment, Safety Precautions, Workplace Violence

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Reyburn W. Lominack III

Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Contract Drafting, D.R. Horton v NLRB

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Karen Luchka

Healthcare Update, No. 4, November 2013: Facebook: The New Water Cooler – Not The New Vegas

As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a Facebook…more

Discipline, Facebook, Healthcare, Human Resources Professionals, Managers

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Ruth Mackey

Healthcare Update, No. 4, November 2013: 'Tis The Season: Employers And The Flu

This flu season may be one of the worst in years, but the experts at the Centers for Disease Control and Prevention (CDC) cannot monitor its severity and scope because of the federal government shutdown. Unofficial flu trackers…more

CDC, EEOC, Flu Shot Rule, Government Shutdown, Vaccinations

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Howard Mavity

Hospitality Update, No. 4, December 2013: Wash Your *!&# Hands! Employers And The Flu

Almost 4.1 million employees missed work due to illness last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences during…more

ADA, EEOC, Hospitality Industry, Sick Leave, Vaccinations

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John Mavros

Top 5 Legal Trends For Hospitality Employers

There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014…more

Class Action, Class Action Arbitration Waivers, Employer Liability Issues, FLSA, Free Speech

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James McDonald Jr.

Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as a…more

Age Discrimination, American Psychiatric Association, Compliance, Discrimination, Employee Benefits

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Lawrence McGoldrick

Preventing A Messy "Failed Exemption" Lawsuit

(Labor Letter, February 2014) - In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the United…more

Exempt-Employees, FLSA, Hiring & Firing, Job Offers, Non-Exempt Employees

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Claud McIver

Labor Letter, March 2013: NLRB Requires Non-Union Member To Pay For Lobbying Fees

Lobbying Took Place In A Neighboring State’s Legislature - The National Labor Relations Board recently held that United Nurses and Allied Professionals (UNAP) did not violate the National Labor Relations Act (NLRA) by…more

Duty of Fair Representation, Lobbying, NLRA, NLRB, Recess Appointments

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Richard Meneghello

Should You Install Security Cameras In Company Bathrooms? (Hint: NO)

Sometimes an employment lawyer is faced with a thorny question that involves multiple layers of analysis. Before advising a client, any good attorney will want to examine prior case decisions, statutory citations, regulatory…more

Invasion of Privacy, Security Cameras, Surveillance

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Christina Michael

Labor Letter, October 2013: Variety Is The Spice Of The Court: A Preview of the 2013-14 Supreme Court Term

The upcoming Supreme Court term promises a series of significant decisions for employers. No less than seven cases (and potentially two more pending petitions) will have at least some impact on all employers this year. The…more

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Robert Miller

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was…more

Affirmative Action, Construction Workers, Contractors, Disability, Hiring & Firing

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Michael S. Mitchell

Labor Letter, December 2012: Top Ten Ways To Hold A Company Party – Without Getting Sued

With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties where alcohol will be served. They generally want to know about the risk involved if an employee drinks too much at the…more

Employer Liability Issues, Holiday Parties

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Daniel Perkins

Transgender Issues Highlight Tensions Between Students' Rights To Liberty And Privacy

In the wake of controversy over school vouchers, fights over appropriate curriculum, and the endless battles to decide whether school funding is adequate, the nation’s public and private schools certainly have their share of…more

Discrimination, Students, Transgender

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Candice Pinares-Baez

Education Update, No. 4, October 2013: Big Little Man On Campus: Protecting Minors At Colleges And Universities

Hazing, underage drinking, and campus noise violations. These are all issues that most colleges and universities are very familiar with. Policies, procedures, and response protocols have been developed, tried, and tested with…more

Administrative Hearings, Colleges, Hazing, Human Resources Professionals, Independent Contractors

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Kate Raabe

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was…more

Affirmative Action, Construction Workers, Contractors, Disability, Hiring & Firing

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Mauro Ramirez

Labor Letter, August 2013: Five Documents Sure To Appear In Your Lawsuit

Although simple and oftentimes overused, sports metaphors can provide insight into complicated topics. When it comes to employment litigation, cases often boil down to “blocking and tackling.” In other words, the fundamental…more

Adverse Employment Action, Disciplinary Proceedings, Employee Handbooks, Litigation Strategies, Performance Reviews

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Andria Ryan

Hospitality Update, No. 1, March 2013: "And By The Way, Are You A Criminal?"

Getting the answers, without violating the new EEOC guidelines - According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background…more

Background Checks, Credit History, Discrimination, EEOC, Hiring & Firing

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Jennifer Sandberg

Distracted Driving: What's In Your Policy?

Long before cell phones, drivers faced various distractions: eating, grooming, attending to children, changing the radio station, rubbernecking someone else’s accident, becoming absorbed in a conversation, or arguing. These…more

Distracted Driving

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Susan Schaecher

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was…more

Affirmative Action, Construction Workers, Contractors, Disability, Hiring & Firing

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Matthew Simpson

Dealership Update, No.4, November 2013: Are You Paying Your Detailers Correctly?

Over the last year, there has been an increase in dealership payroll audits by the U.S. Labor Department (DOL). Some DOL investigators have implied that these audits are part of a broad internal "initiative" to check wage-hour…more

Car Dealerships, Compliance, DOL, Wage and Hour

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John Skousen

Happy 2014 – Gear Up For New Wage And Hour Laws

As the new year begins, California employers, already weary from added wage and hour laws and regulations enacted over the past several years, have yet more to comply with. Here are the highlights…more

Compliance, Employee Rights, Employer Liability Issues, Minimum Wage, Rest and Meal Break

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John Stapleton

Dealership Update, No. 4, November 2013: The ADA And The FMLA: Look Both Ways At The Intersection

Employees who become injured, disabled, or ill may be entitled to leave under several federal laws including the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Complying with the…more

ADA, Disability, Disability Discrimination, Discrimination, EEOC

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Heather Steele

The EEOC's Focus On Religious Accommodations

Religious accommodation claims are on the EEOC’s radar screen. This means that offering religious accommodations to employees and applicants must be on your radar screen as well. …more

Compliance, EEOC, Employer Liability Issues, Reasonable Accommodation, Religion

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Shanon R. Stevenson

Let the H-1B Games Begin: May the Odds Be Ever in Your Favor

Katniss Everdeen’s bow and arrow will not help employers on April 1st, 2014 when the competition for H-1B work visas begins. On April 1, U.S. Citizenship and Immigration Services (“USCIS”) begins accepting H-1B petitions for…more

H-1B, Immigrants, USCIS, Visas

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Kevin Sullivan

Preparing The Boss For Media Interviews

Smart executives and business owners know that a good public-relations program can build a brand and burnish a reputation. Good PR costs less than advertising and lends credibility to your organization, products, and services…more

Public Relations, Reputation Management, Young Lawyers

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Erin Sweeney

Labor Letter, May 2013: The NLRB's Quorum Quandary

The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of…more

NLRB, Nominations, Quorum

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John E. Thompson

Disinformation And The "Tipped-Employee Minimum Wage"

A White House report promoting a substantial jump in the federal Fair Labor Standards Act's minimum wage perpetuates now-widely-disseminated propaganda about an alleged "tipped employee minimum wage" of $2.13 per hour. …more

Minimum Wage, Tips, Wage and Hour

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Kim Kiel Thompson

H-3 Visa – Training in the U.S. to Further a Career at Home

Training in the U.S. may be required to prepare a foreign national for a new position or a new career in his or her home country. The H-3 Trainee visa category may be the perfect option for the foreign national to gain the…more

H-3, Training, USCIS, Visas

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Hillary Thornton

Happy 2014 – Gear Up For New Wage And Hour Laws

As the new year begins, California employers, already weary from added wage and hour laws and regulations enacted over the past several years, have yet more to comply with. Here are the highlights…more

Compliance, Employee Rights, Employer Liability Issues, Minimum Wage, Rest and Meal Break

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J. Hagood Tighe

Fast-Food Chain Employers: Take Steps Now to Avoid Being the Next FLSA Headline

On almost a daily basis, we read articles about class action lawsuits and settlements against fast-food chains. Almost all chains have had them. Fisher & Phillips has defended many of these lawsuits for different chains in all…more

Employee Rights, Employer Liability Issues, Fast-Food Industry, FLSA

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A. Kevin Troutman

Healthcare Update, No. 4, November 2013: What's An "Individualized Analysis" – And Why Should I Care?

The Americans with Disabilities Act (ADA) poses ongoing compliance challenges and attracts significant attention from plaintiffs' lawyers and the Equal Employment Opportunity Commission (EEOC). The resulting litigation continues…more

ADA, Compliance, Disability, DOJ, EEOC

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Eric Uhl

"Don't Come In To Work Today"

Even here in Maine, where we take pride in not letting winter slow us down, there are days when it just doesn’t make sense to get out of the house. This past winter was a tough one to say the least – for much of the country it…more

Employer Liability Issues, FLSA, Severe Weather, Weather Policy

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Danielle Urban

Cross-Border Employers Must Take Care Before Implementing Drug-and-Alcohol-Testing Policies at Non-U.S. Operations

Many U.S.-based employers perform pre-employment, post-accident, or random drug testing, and with some exceptions, are generally permitted wide latitude in deciding when to conduct such tests. The U.S. attitude toward drug…more

Cross-Border, Drug Testing, Multinationals

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Alice Wang

Hong Kong: Embracing The Best of the East, and The Best of the West

In continuation of my article on Globalizing in Hong Kong in December 2013, let's discuss some of the practical implications and recent developments in Hong Kong's employment arena. Hong Kong is not just a pivotal financial…more

Employee Benefits, Employee Rights, Flex-Time Policies, Hong Kong, Paid Leave

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Jeff Weintraub

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more than…more

ADA, ADAAA, Disability, Disability Discrimination, Discrimination

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Steven Witt

Supreme Court: Severance Payments Are Wages Subject To FICA Taxes

On March 25, 2014 the U.S. Supreme Court unanimously held that a certain type of severance payment known as supplemental unemployment compensation constituted “wages” subject to Federal Insurance Contributions Act (FICA) payroll…more

Corporate Counsel, FICA Taxes, Quality Stores, SCOTUS, Severance Pay

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C.R. Wright

Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other…more

At-Will Employment, Biometric Information, Cybersecurity, Employee Handbooks, Employee Rights

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Jaklyn Wrigley

Partying In The Store

The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or…more

ADA, Disability, Disability Discrimination, Employer Liability Issues, OSHA

See All Updates »

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