Fisher & Phillips LLP

Looking Over Your Employees' Shoulders

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer monitoring…more

Corporate Counsel, Employer Liability Issues, Employment Policies, GPS, Illegal Conduct

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Ignorance Is Not Bliss In The Joint-Employment Context

Hospitals, residential-care facilities, home-health agencies, and other employers in the healthcare industry often subcontract labor through outside vendors to fill positions like travel nurses, security guards, and janitors…more

Employer Liability Issues, Health Care Providers, Hospitals, Joint Employers, Subcontracts

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Massachusetts Attorney General Revises "Safe Harbor" Provision to Address Part-Time Employees and Publishes Notice Poster

On June 10, 2015, the Massachusetts Attorney General’s Office published a revised Safe Harbor provision concerning the Earned Sick Time Law that made significant changes to the Safe Harbor provision previously issued on May 18…more

Employee Rights, Employment Policies, Notice Requirements, Part-Time Employees, PTO

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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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Approved San Francisco Retail Workers Ordinance Means More Restrictions For Employers

The San Francisco Board of Supervisors has voted unanimously to approve a city ordinance, which will create a number of obstacles for many businesses – including retail stores, restaurants, and banks. The ordinance, referred to…more

Banks, Employer Liability Issues, Local Ordinance, Restaurant Industry, Retailers

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Update For Retirement Plans Post-Windsor

Now that some of the dust has settled on the U.S. Supreme Court’s decision in U.S. v. Windsor, employers who haven’t done so already should take immediate steps to review their retirement plan documents and administrative…more

Employee Benefits, ERISA, IRS, Retirement, Retirement Plan

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Oregon's Minimum Wage Now $2.00 Per Hour Higher Than Federal Rate

After a January 1st increase of 15 cents per hour, Oregon’s minimum wage now stands at $9.25 – exactly two dollars per hour more than the federal minimum wage rate of $7.25 per hour. That places Oregon near the top of the list…more

Minimum Wage, New Legislation

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50 Shades Of Grey… In The Boardroom

As the weather heats up, summertime romances are probably on the minds of many of your employees. According to the Society of Human Resource Management, as many as 40% of workers have had an office relationship at some point in…more

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Missouri Minimum Wage to Increase to $7.65 Per Hour Effective January 1, 2015

On January 1, 2015, the Missouri minimum wage will increase from $7.50 to $7.65 per hour and from $3.75 to $3.825 per hour for tipped employees. Compensation for tipped employees must total at least $7.65 per hour when tips are…more

Minimum Wage, New Legislation, Restaurant Industry, Retailers, Tips

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Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those…more

Affordable Housing, Banking Sector, Discrimination, Disparate Impact, Fair Housing Act (FHA)

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Countdown To July 1st: Preparing For California's Mandatory Paid Sick Leave

Beginning July 1, 2015, California employers, with limited exceptions, must grant every employee 24 hours or three paid sick days each year. Even employers who are already providing paid sick leave face potential liability for…more

Best Management Practices, Corporate Counsel, Employer Mandates, Paid Leave, Recordkeeping Requirements

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New Safe Harbor Still Hangs in the Balance

The European Union Court of Justice’s invalidation of the EU-USA Safe Harbor for data transfers between the two continents remains subject to question at the end of this week after the European Commission blew its January 31…more

Article 29 Working Party (WP29), CJEU, EU, EU-US Privacy Shield, International Data Transfers

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Obama Orders Federal Contractors To Provide Mandatory Paid Sick Leave

President Obama used Labor Day 2015 to send a strong signal about his domestic priorities, signing an Executive Order which will require federal contractors and subcontractors to provide their workers up to seven or more days of…more

Barack Obama, Executive Orders, Paid Leave, Sick Leave, Wage and Hour

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Will Your Workers Go On Strike On November 10? What You Need To Know

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible union…more

Best Management Practices, Browning-Ferris Industries of California Inc., Collective Bargaining Agreements (CBA), Employer Liability Issues, Fast-Food Industry

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If You Can't Fire A Teacher For Criticizing Management, Who Can You Fire?

Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an…more

ALJ, Discipline, Hiring & Firing, NLRA, NLRB

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What's the One Thing Every Company's Telecommuting Policy Must Include?

If, under certain circumstances, employers are required to accomodate remote work, what essential elements should be included in any company's Telecommuting Plan?…more

ADA, Hiring & Firing, Legal Perspectives, Reasonable Accommodation, Telecommuting

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Supreme Court Rules In Favor Of Religious Beliefs Of Business Owner

Yesterday, a divided U.S. Supreme Court held in a 5-4 decision that closely-held for-profit corporations providing group healthcare to their employees could, on religious grounds, be exempted from providing contraception…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives, Hobby Lobby

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"Constructive Knowledge" Off-The-Clock Claim Rejected

Another federal appellate court, this time the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Mississippi, Louisiana, and Texas) has rejected an employee's claim to have been entitled to federal Fair Labor Standards…more

Actual or Constructive Knowledge, Corporate Counsel, FLSA, Unpaid Overtime, Wage and Hour

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European Court of Human Rights Issues Decision on Monitoring of Employee’s Internet Use

In a Barbulescu v. Romania, a decision issued on January 12, 2016, the European Court of Human Rights issued a ruling interpreting the right to privacy under Article 8 of the European Convention on Human Rights in the context…more

Employment Policies, EU, Human Rights, Right to Privacy

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On A Collision Course? How Religious Entities Should Address The Legal Expansions Of Gay Marriage And Gender Identity Protections

By now you are no doubt aware that the U.S. Supreme Court’s 2014 decision in Obergefell v. Hodges legalized same-sex marriage across the country. The decision has caused religious institutions and schools to ask about their…more

Gender Identity, Obergefell v. Hodges, Popular, Religious Institutions, Same-Sex Marriage

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Employee or Independent Contractor: Why It Matters?

Every employer eventually tackles the question of whether its labor force is composed of employees, independent contractors, or a combination of both. The appeal of the independent contractor classification is understandable…more

Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has…more

Confidential Information, Employer Liability Issues, Internal Investigations, Logos, NLRA

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Political Apprentice At Work? You're Fired! A Guide To Surviving The Election Season At The Workplace

This presidential election cycle creates unique concerns for companies dealing with employees who wish to discuss politics at work. Regardless of what side they fall on, some of your workers could be more passionate, maybe even…more

Bernie Sanders, Best Management Practices, Civil Rights Act, Donald Trump, First Amendment

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One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be…more

401k, Affordable Care Act, Collective Bargaining, Conciliation, Corporate Counsel

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Colorado Employers Handed Medical Marijuana Victory

On June 15, 2015, the Colorado Supreme Court held in a unanimous decision that employers are still free to prohibit employee marijuana use in their workforces, and can still discipline and terminate employees who test positive…more

CO Supreme Court, Coats v Dish Network, Discipline, Drug Testing, Employment Policies

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Indications that USDOL Will Finalize Exemption Changes in Spring 2016

The U.S. Labor Department is looking to a spring 2016 date for publishing the "Final Rule" revising the regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions according to a recent report. It…more

DOL, FLSA, Minimum Wage, Wage and Hour, White-Collar Exemptions

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Traditional Contract Rules Determine Whether Retirees Are Entitled to Lifetime Healthcare Benefits

Yesterday, in a unanimous decision, the U.S. Supreme Court held that courts must apply ordinary rules of contract interpretation when determining whether retiree healthcare benefits vest for life pursuant to the terms of a…more

CBAs, Collective Bargaining, Contract Interpretation, Corporate Counsel, Employer Contributions

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Florida Minimum Wage Rising To $8.05

On January 1, 2015, the minimum wage for employees working in Florida rises to $8.05 per hour. This represents an hourly increase of $0.12 over the current Florida minimum wage. The increase is tied to the rate of inflation over…more

Employer Liability Issues, FLSA, Minimum Wage, New Legislation, Wage and Hour

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Employment Law in Austria: Part II

Maternity Leave Protection In accordance with the Maternity Protection Act of 1979 (“Maternity Protection Act”), pregnant women are prohibited from working during the last eight (8) weeks immediately prior to the presumed date…more

Austria, Paid Leave, Pregnancy Disability Leave Law, Sick Leave, Wage and Hour

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Ninth Circuit Holds Service Advisors Non-Exempt Under FLSA Dealership "Salesman" Exemption; Section 7(i) Exemption Is Still Available

The Ninth Circuit U.S. Court of Appeals (with jurisdiction over the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has ruled in Navarro v. Encino Motorcars, LLC that Service…more

Automotive Industry, Car Dealerships, Exempt-Employees, FLSA, Trucking Industry

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Bullying Can Cost Your School – And Your Students, And Their Parents

School bullying is one of the most pressing social, health, and educational concerns facing public and private schools alike. Long-term bullying, left unaddressed by schools or parents, can cause lasting physical and emotional…more

Bullying, Cyberbullying, Faculty, Legislative Agendas, Pending Legislation

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NLRB "Quickie Election" Rule Providing A Big Boost To Unions

At the start of 2015, employers across the country were bracing for the National Labor Relations Board’s new “quickie election” rule. We warned that the new procedures would have a significant impact on union-organizing tactics…more

Ambush Election Rules, Data Collection, Employer Liability Issues, NLRB, Union Elections

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Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail…more

Best Management Practices, Collective Bargaining, FLSA, Severe Weather, Wage and Hour

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Multiemployer Pension Reform

Too Little, Too Late? - Employers and unions locked into failing multiemployer pension plans received an 11th-hour reprieve in late December when Congress passed legislation revising laws that had hobbled these plans for…more

Employee Benefits, Multiemployer Plan, PBGC, Pension Reform, Pensions

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OSHA Announces Final Rule On Recording Requirements

On September 11, 2014, OSHA released its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes two important changes that tighten OSHA’s…more

Bodily Injury, Compliance, Employer Liability Issues, OSHA, Recording Requirements

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Resolve To Be A Better Leader

With every new year, millions of people resolve to make positive changes in their personal and professional lives. For owners, managers and supervisors, the fresh-start aura associated with the beginning of each year is the…more

Best Management Practices, Leadership, Young Lawyers

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Tips To Prepare Your Company For An I-9 Audit

The Immigration Customs and Enforcement division (ICE) of the Department of Homeland Security, continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served over 3,000 Notices…more

Audits, DHS, Employer Mandates, I-9, ICE

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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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Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices…more

Popular

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Can Your Company's Website Lead To A Lawsuit?

If your business is a place of public accommodation, you are probably already familiar with the rules from Title III of the Americans with Disabilities Act (ADA) that require you to make services and physical locations…more

ADA, DOJ, Enforcement Actions, Priceline, Public Accommodation

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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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Naughty Neonatal Nurse Nixed After Nineteen Years; Hospital Wins Age Discrimination Lawsuit

A veteran neonatal nurse practitioner who was fired after one too many acts of misconduct could not prove age discrimination, a federal appeals court recently confirmed. The case presents healthcare employers with a good…more

Age Discrimination, Best Management Practices, Corporate Counsel, Disciplinary Proceedings, Dismissals

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Massachusetts Attorney General Publishes Final Earned Sick Time Regulations

On June 19, 2015, the Massachusetts Attorney General published the final regulations concerning the new Earned Sick Time (“EST”) law that will go into effect on July 1, 2015. These final regulations differ somewhat from the…more

Earned Sick Time, Employee Rights, Employer Mandates, Final Rules, FMLA

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Arkansas Football and Non-Competes?

Three years ago, we addressed the question of why college football programs do not use non-compete restrictions to prevent coaches from moving to direct rivals. At the time, we mentioned the fact that Arkansas was a program that…more

College Athletes, Football, Hiring & Firing, Non-Compete Agreements, School Sports

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Housing Discrimination Claims Given Boost By Supreme Court

Today, by a 5-4 vote, the U.S. Supreme Court held that the federal Fair Housing Act (FHA) encompasses claims of disparate-impact discrimination. This decision, which marks the first time that the Supreme Court addressed this…more

ADEA, Affordable Housing, Discrimination, Disparate Impact, Fair Housing Act (FHA)

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Summer Hires

This summer it’s expected that temporary workers will fill roughly 10,000 summer jobs, many of which will be in the hospitality industry. Before filling any of your seasonal positions, it’s worth reviewing a few cautionary…more

E-Verify, Employee Rights, Employer Liability Issues, FLSA, I-9

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Updates to Restrictive Covenants in Denmark Clear Final Legislative Hurdles

Denmark has recently adopted several new rules governing restrictive covenants in employment. Originally introduced as Bill 196 in April 2015 by Employment Minister Jorn Neergaard Larsen, implementation was delayed for several…more

Denmark, Hiring & Firing, Pre-Employment Agreements, Restrictive Covenants

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Illinois Embraces "Ban The Box"

On July 19, 2014, Illinois joined a growing number of states prohibiting employers from asking about applicants’ criminal histories early in the hiring process…more

Ban the Box, Criminal Background Checks, Job Applicants

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ERISA Fiduciaries Must Continuously Monitor 401(k) Investment Choices

The U.S. Supreme Court has held unanimously that a plan fiduciary has a continuing duty to monitor investments offered under a 401(k) plan, a duty that is separate and apart from the duty to exercise prudence in selecting…more

401k, Benefit Plan Sponsors, Corporate Counsel, ERISA, Fiduciary Duty

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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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Meeting OSHA's Reporting Requirements – Posting Starts February 1

Like death and taxes, the Occupational Safety and Health Administration (OSHA) can always be counted on to ratchet up enforcement efforts against employers each year. 2016 appears to be no different. The year begins with the…more

Certifications, OSHA, Recordkeeping Requirements, Reporting Requirements, Strategic Enforcement Plan

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Colorado's Minimum Wage Increased January 1

The Colorado minimum wage increased by 23 cents to $8.23 per hour on January 1, 2015. Tipped employees are entitled to receive at least $5.21 per hour. These increases to Colorado’s minimum wage rates reflect the annual…more

COLA, Employer Mandates, Minimum Wage

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Massachusetts Attorney General Revises "Safe Harbor" Provision to Address Part-Time Employees and Publishes Notice Poster

On June 10, 2015, the Massachusetts Attorney General’s Office published a revised Safe Harbor provision concerning the Earned Sick Time Law that made significant changes to the Safe Harbor provision previously issued on May 18…more

Employee Rights, Employment Policies, Notice Requirements, Part-Time Employees, PTO

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Are Referral Sources Protectable Under Florida Law?

The question of whether referral sources constitute legitimate, protectable business interests under Florida's Covenants Against Unfair Competition statute, Fla. Stat. § 542.335 (2014), is likely heading to the Florida Supreme…more

Florida, Home Health Care, Non-Compete Agreements, Restrictive Covenants, Unfair Competition

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Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason…more

At-Will Employment, Breach of Contract, Employer Liability Issues, Employment Contract, Health Care Providers

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Was This Doctor A "Good Fit"?

A Wisconsin hospital scored an important victory in a recent failure-to-hire case involving an allegation of race discrimination. The underlying facts offer a timely reminder to all healthcare employers about what is necessary…more

Best Practices, Defense Strategies, Health Care Providers, Hiring & Firing, Hospitals

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Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices…more

Popular

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An Offer They Can Refuse: SCOTUS Takes Some Power Away From Offers For Complete Relief

Today, the Supreme Court limited employers’ ability to proactively and inexpensively end class action litigation before it takes off. In a 6 to 3 decision, the Court held that a defendant making a complete offer of relief to a…more

Campbell Ewald v Gomez, Class Action, Rule 68, SCOTUS, Settlement Offer

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Limiting Off-Duty Access To The Hotel

Many hospitality employers are surprised to learn that employees have a right under federal labor law to access the exterior, nonworking areas of the hotel property in their off-duty hours for union or other protected concerted…more

Employee Handbooks, Employer Liability Issues, Hospitality Industry, Hotels, Protected Concerted Activity

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California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place…more

After-Acquired Evidence, Discrimination, Employer Liability Issues, Employment Authorization Documents (EAD), Hiring & Firing

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Is Your Health Plan HIPAA Compliant?

Data breaches with respect to medical information are on the rise, given that such information is generally more valuable on the black market than stolen credit card data. The 2015 breach of healthcare company Anthem, Inc.,…more

Anthem Insurance, Benefit Plan Sponsors, Business Associates, Covered Entities, Data Breach

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New York City’s “Ban the Box” Law May Also Cover Investigations

Late last week, the New York City Commission on Human Rights issued its Fair Chance Act guidance document. The guidance provides additional direction to employers in New York City regarding their obligations under the City’s…more

EEOC, Fair Chance Act, Hiring & Firing, Job Applicants, New Guidance

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USDOL Releases Broad "Joint Employment" Interpretation

The U.S. Labor Department has taken the next step in its nearly-six-year-old "fissured industries" initiative by releasing Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the…more

Agricultural Workers, DOL, FLSA, Joint Employers, Seasonal Workers

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New Jersey Minimum Wage Increases To $8.38 Per Hour

Beginning January 1, 2015, the minimum wage in New Jersey is $8.38 per hour, up from $8.25 per hour. This pay hike is the result of the November 2013 voter-approved state constitutional amendment that requires that New Jersey’s…more

Employer Mandates, Minimum Wage

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Trade Secret Legislation Reintroduced in Congress (3rd Time)

Maybe the third time is the charm. After trying twice before, Congress is making another run at creating a federal claim for trade secret misappropriation. A bipartisan group of legislators from both congressional chambers,…more

3M Company, Attorney's Fees, Boeing, Boston Scientific, Chamber of Commerce

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The EEOC Goes Electronic: FAQs On EEOC's New Electronic Pilot Program

The Equal Employment Opportunity Commission (EEOC) recently rolled out a pilot program to electronically notify employers of new Charges filed against them. Instead of mailing the Notice of Charge of Discrimination form through…more

ACT Digital, Discrimination, EEOC, Electronic Communications, Employer Liability Issues

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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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SCOTUS Extends Same-Sex Marriage Rights Nationwide

As has become its custom, the Supreme Court left one of its most high-profile decisions for the end of its term, holding by a 5-4 vote that the Constitution requires states to recognize same-sex marriages. As a result, state…more

Employee Benefits, FMLA, Fourth Amendment, Marriage, Marriage Equality

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Don't Fall Into The Gap: Wage/Hour Lawsuit Highlights Risks For Employers

In August, the U.S. Circuit Court of Appeals for the 3rd Circuit affirmed dismissal of five purported class or collective actions brought against a number of healthcare systems and their affiliates. Although favorable for the…more

Compliance, Employer Liability Issues, Wage and Hour, Wages

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The DOL Remains Unpersuaded - New "Persuader" Rule is Coming Soon

The anxiety of employers and labor attorneys only worsened this week when the Department of Labor took another step towards finalizing and publishing the much anticipated changes to the so-called “persuader” rule. On Monday, the…more

Disclosure Requirements, DOL, LMRDA, Persuader Rules, Reporting Requirements

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On-Call Scheduling Under Attack

The Bureau of Labor Statistics recently released its annual report on productivity and costs for the retail trade industry, and there’s good news and bad news for retailers. The good news is that, for 2014, productivity in the…more

Bureau of Labor Statistics, Employer Liability Issues, On-Call Employees, Retailers

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Federal Court Dismissal of EEOC Suit Leaves Employers Hanging

In a closely watched ruling, an Illinois federal district court handed a victory to one particular employer, but ducked a broader ruling that would have provided general guidance to companies generally that are trying to avoid…more

Corporate Counsel, Covenant Not to Sue, CVS, Dismissals, EEOC

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Impact of EEOC v. Abercrombie, and Employment Practices Going Forward

A first glance at the U.S. Supreme Court's recent EEOC v Abercrombie decision by Fisher & Phillips attorney, Andrew Hoag…more

EEOC, EEOC v Abercrombie, First Glance, Religious Accommodation, Religious Discrimination

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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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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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What To Expect When You're Not Expecting: How To Handle Unplanned Visits From Federal Agencies

The unannounced arrival of an investigator from a federal agency is an unwelcome business interruption which can be a drain on productive time and arouse collective anxiety in your business environment. Effective management of…more

DHS, DOL, Government Investigations, ICE, Strategic Planning

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Oregon's New Paid Sick Leave Law: An Overview

On June 22, 2015, Oregon became the fourth state to enact a statewide mandatory paid sick leave law, following California, Connecticut, and Massachusetts. The bill, signed into law by Governor Kate Brown, requires Oregon…more

Employee Rights, Employer Mandates, New Legislation, Paid Leave, Paid Sick Leave Act

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Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers…more

Equal Protection, Public Schools, School Districts, SCOTUS, Seniority

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Swipe Right For Unions? Companies Should Brace Themselves For Labor Organizing Version 2.0

Unless you’ve been hibernating, hiding under a rock, or vacationing in a location without Wi-Fi reception, you may have noticed that the last several months have been kinder to labor unions than any in recent memory. Changes in…more

Collective Bargaining, Email, Employment Policies, Mobile Apps, NLRB

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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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NLRB Starts Down The Slippery Slope With Controversial New Joint Employer Ruling

In a 3-2 decision, the National Labor Relations Board (NLRB) announced yesterday a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining. Browning-Ferris Industries…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Joint Employers

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FTC v. Wyndham Worldwide Group - A Warning From the Third Circuit

On August 24, in  FTC v. Wyndham Worldwide Corp. et al, the Third Circuit Court of Appeals affirmed that the FTC could enforce its own reasonable interpretation of what cybersecurity standards are necessary to avoid prosecution…more

Cybersecurity, Data Breach, Enforcement Actions, FTC, FTC v Wyndham

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Ownership of Social Media Accounts

It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media accounts…more

Breach of Contract, Employment Policies, LinkedIn, Misappropriation, Social Media Account Ownership

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Is An Unlimited Vacation Policy Right For Your Workplace?

According to a survey by the Society for Human Resource Management, about 3% of companies in the U.S. maintain some form of unlimited vacation policy. The reasons for adopting such a policy are easy to see: they offer work­life…more

Best Management Practices, Employment Policies, Human Resources Professionals, Vacation Leave

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Ohio's Minimum Wage Boosted 15 Cents On January 1

Minimum wage workers in Ohio will see their hourly pay increase by 15 cents in 2015. Effective January 1st, the Ohio minimum wage rate increased from $7.95 to $8.10 per hour. The minimum wage rate for tipped employees is…more

COLA, Minimum Wage

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OSHA Announces Final Rule On Recording Requirements

On September 11, 2014, OSHA released its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes two important changes that tighten OSHA’s…more

Bodily Injury, Compliance, Employer Liability Issues, OSHA, Recording Requirements

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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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Independent Contractor Misclassification: The Hidden Trap of Outsourcing

It’s a beguiling option. Companies that classify workers as independent contractors receive a number of benefits, including elimination of payroll taxes, workers’ compensation insurance, and unemployment insurance withholdings…more

Class Action, Independent Contractors, Misclassification, Subcontractors, Wage and Hour

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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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Will Your Workers Go On Strike On November 10? What You Need To Know

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible union…more

Best Management Practices, Browning-Ferris Industries of California Inc., Collective Bargaining Agreements (CBA), Employer Liability Issues, Fast-Food Industry

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ACA Reporting 101

One of the new Affordable Care Act (ACA) requirements imposed on employers is the obligation to report employee group health plan coverage information to the IRS and employees on Forms 1094-C and 1095-C. The first required…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, IRS, Reporting Requirements

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The Zika Virus: FAQs For Employers

On February 1, 2016, the World Health Organization (WHO) declared Zika a global public health emergency. This is only the fourth time that the WHO has declared the spread of a disease to be a “public health emergency of…more

Best Management Practices, OSHA, World Health Organization, Zika

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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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Do New Anti-Trafficking Requirements Apply To Your Company?

As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased. …more

Chief Compliance Officers, Covered Entities, Employment Contract, Federal Contractors, Foreign Nationals

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Changes to the Genetic Information Nondiscrimination Act Coming in 2016!

The Genetic Information Nondiscrimination Act (“GINA”), is a federal law enacted in 2008 which prohibits employers from requesting “genetic information” from their employees. Specifically, it prohibits employers with 15 or more…more

Comment Period, EEOC, Employer Liability Issues, GINA, Wellness Programs

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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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Will Your No-Smoking Policy Get Vaporized?

Wondering what your employee is smoking in the break room, likely in violation of your “no-smoking” policy? Chances are it is an electronic smoking device, such as an e-cigarette or vaporizer. What should you do about it?…more

Best Management Practices, Corporate Counsel, E-Cigarettes, Employment Policies, FDA

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January 2016: Five Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers need…more

Administrative Interpretation, Campbell Ewald v Gomez, Class Action, Corporate Counsel, EEO-1

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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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HIPAA' s Criminal Charges Pack a Heavy Punch

Almost all healthcare providers and health plan administrators are familiar with the detailed requirements of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA). Violations can…more

Civil Monetary Penalty, Criminal Prosecution, Health Care Providers, Healthcare, HIPAA

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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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Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail…more

Best Management Practices, Collective Bargaining, FLSA, Severe Weather, Wage and Hour

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NLRB "Quickie Election" Rule Providing A Big Boost To Unions

At the start of 2015, employers across the country were bracing for the National Labor Relations Board’s new “quickie election” rule. We warned that the new procedures would have a significant impact on union-organizing tactics…more

Ambush Election Rules, Data Collection, Employer Liability Issues, NLRB, Union Elections

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Enforcing Your Policies Outside The Workplace

All employers adopt and enforce policies regulating conduct at the workplace. Many employers expect that employees will follow their employment polices at all times regardless of whether the employee is working or at work…more

Employee Rights, FMLA, NLRA, NLRB, OSHA

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Employers May Soon Be Forced To Reveal Pay Information By Gender

Businesses With 100 Or More Workers Would Be Subject To Proposed New Law Aimed At Combating Gender Discrimination - The federal government announced today its intent to gather additional pay information from larger…more

EEOC, Gender Discrimination, Obama Administration, Pay Transparency, Proposed Regulation

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Can I Get A Witness (Or At Least A Witness Statement)? NLRB Rules Witness Statements Are Now Fair Game

For over 35 years, the National Labor Relations Board (NLRB) held that witness statements obtained by unionized employers during pre-arbitration investigations were exempt from disclosure to the union. However, on June 26, 2015,…more

Anheuser-Busch, Arbitration, Canning v NLRB, Collective Bargaining, Disclosure

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East Meets West: Spokane Joins Western Washington Cities By Adopting Paid Sick Leave Law

Effective January 1, 2017, Spokane will join Seattle, Sea-Tac, and Tacoma as cities in Washington requiring employers to provide mandatory employee paid sick and safe leave. On Monday, January 11, 2016, Spokane’s City Council…more

Local Ordinance, Paid Leave, Sick Leave, Wage and Hour

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DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants

On January 15, 2016, the Department of Homeland Security (DHS) posted a final rule in the Federal Register which revises its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty…more

CW-1, DHS, E-3, EB-1, Final Rules

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East Meets West: Spokane Joins Western Washington Cities By Adopting Paid Sick Leave Law

Effective January 1, 2017, Spokane will join Seattle, Sea-Tac, and Tacoma as cities in Washington requiring employers to provide mandatory employee paid sick and safe leave. On Monday, January 11, 2016, Spokane’s City Council…more

Local Ordinance, Paid Leave, Sick Leave, Wage and Hour

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Ohio's Minimum Wage Boosted 15 Cents On January 1

Minimum wage workers in Ohio will see their hourly pay increase by 15 cents in 2015. Effective January 1st, the Ohio minimum wage rate increased from $7.95 to $8.10 per hour. The minimum wage rate for tipped employees is…more

COLA, Minimum Wage

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Supreme Court: Voters' Initiative To End Affirmative Action Is Constitutional

In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs…more

ACLU, Admissions, Affirmative Action, Diversity, NAACP

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New California Law Expands Retaliation Coverage

Employees Requesting Accommodation Are Now Protected - On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA) to reflect what many already believed to be…more

Adverse Employment Action, Employer Liability Issues, FEHA, Human Resources Professionals, New Legislation

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New Guidance On Wellness Programs

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially…more

ADA, Affordable Care Act, EEOC, Employer Group Health Plans, HIPAA

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Whistleblower Protection Extends To Federal Workers Who Violate Agency Regulations

Yesterday the U.S. Supreme Court held that an agent of the Transportation Security Administration (TSA) who disclosed information that was prohibited by TSA regulations, was nonetheless protected under the Whistleblower…more

Department of Transportation (DOT), DHS v Maclean, Disclosure, SCOTUS, TSA

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Transcending Gender In Schools: Is Gender Neutral The New Normal?

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to…more

Best Practices, Bullying, Discrimination, Educational Institutions, Gender Identity

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We've Got Our Eyes On You: Monitoring Devices In Vehicles

While employers with a fixed worksite can observe and interact directly with their employees to promote safety and reduce risk, employers with workers who operate motor vehicles as part of their job have fewer options…more

Car Accident, Drivers, Electronic Monitoring, Employee Privacy Rights, Employer Liability Issues

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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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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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Employers Reminded Of Workplace Violence Dangers

A new case on workplace violence in Missouri demonstrates the practical and legal challenges many employers face in today’s environment. The case shows the risk extends beyond violence by employees to violence by nonemployees –…more

Domestic Violence, Employer Liability Issues, Workplace Safety, Workplace Violence

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Obama Orders Federal Contractors To Provide Mandatory Paid Sick Leave

President Obama used Labor Day 2015 to send a strong signal about his domestic priorities, signing an Executive Order which will require federal contractors and subcontractors to provide their workers up to seven or more days of…more

Barack Obama, Executive Orders, Paid Leave, Sick Leave, Wage and Hour

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Illinois Employers Must Offer Retirement Savings Program

Illinois has become the first state in the nation to enact a law requiring businesses to offer their employees a retirement savings plan. Signed into law recently by Gov. Pat Quinn, the new law, entitled “Illinois Secure Choice…more

Employee Benefits, Employer Mandates, New Legislation, Retirement Plan

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The Zika Virus: FAQs For Employers

On February 1, 2016, the World Health Organization (WHO) declared Zika a global public health emergency. This is only the fourth time that the WHO has declared the spread of a disease to be a “public health emergency of…more

Best Management Practices, OSHA, World Health Organization, Zika

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Can You Judge A Book By Its Cover? Adopting And Enforcing Dress Codes And Appearance Policies

Many hospitality employers impose strict guidelines on employee appearance, dress, and grooming – and for legitimate reasons. These rules protect your public image, promote a productive work environment, comply with health and…more

Appearance Policy, Discrimination, Dress Codes, Hiring & Firing, Hospitality Industry

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New Jersey Minimum Wage Will Hold Steady In 2016

New Jersey’s minimum wage will remain at $8.38 per hour for 2016, the state government recently announced.   As we reported on January 2, 2015, New Jersey’s constitution requires that the state minimum wage increase…more

Consumer Price Index, Minimum Wage, Non-Exempt Employees, Wage and Hour

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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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Bad News, Good News: Supreme Court Clarifies Federal Contractor Immunity Standards

The Supreme Court both limited and expanded the legal standards that relate to federal contractor immunity from lawsuits in a decision released last week. According to the January 20, 2016 decision in Campbell-Ewald Co. v…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Mootness, Rule 68

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Ninth Circuit Holds Service Advisors Non-Exempt Under FLSA Dealership "Salesman" Exemption; Section 7(i) Exemption Is Still Available

The Ninth Circuit U.S. Court of Appeals (with jurisdiction over the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has ruled in Navarro v. Encino Motorcars, LLC that Service…more

Automotive Industry, Car Dealerships, Exempt-Employees, FLSA, Trucking Industry

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Racial Tensions On Campus: Six Practical Solutions For Educational Institutions

Almost five years ago, the Department of Education issued its “Dear Colleague” letter on Title IX and sexual violence. The letter was a not-so-subtle reminder that Title IX requires federally funded educational institutions to…more

Department of Education, Educational Institutions, Protests, Race Discrimination, Title IX

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The Supreme Court Will Decide Service Advisor's Exempt Status

Dealerships will soon get a decisive ruling from the U.S. Supreme Court about an issue that has become a thorn in the side for many dealers. The issue: whether Service Advisors are exempt from overtime requirements under Section…more

Car Dealerships, Exempt-Employees, FLSA, Navarro v Encino Motorcars, SCOTUS

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California Employers Will Be Facing New "Break Wars" In The New Year

Although meal periods have occupied central stage in class action litigation over the past decade in California, rest-period litigation will soon join the “break wars.” A new law that just took effect on January 1, 2016…more

Corporate Counsel, Employer Liability Issues, Minimum Wage, New Legislation, Rest and Meal Break

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Courts Continue To Expand ERISA Church Plan Exemption

Most employers know that there is a federal law – the Employee Retirement Income Security Act, or ERISA – that governs employer-sponsored employee benefit plans. There are a few notable exceptions that could apply to healthcare…more

Benefit Plan Sponsors, Churches, ERISA, Exemptions, Hospitals

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Employee or Independent Contractor: Why It Matters?

Every employer eventually tackles the question of whether its labor force is composed of employees, independent contractors, or a combination of both. The appeal of the independent contractor classification is understandable…more

Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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Another Court Adopts "Primary Beneficiary" Internship Analysis

We reported in July that the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) laid out seven non-exhaustive factors as part of a "primary beneficiary" analysis for evaluating…more

DOL, FLSA, Internships, Minimum Wage, Primary Beneficiary Test

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EU Commission Declares the Safe Harbor Officially Dead

As if were any surprise, last Friday, November 6, the EU Commission issued a Communication on the Transfer of Personal Data from the EU to the US, following the Judgment by the Court of Justice in Schrems declaring the Safe…more

Binding Corporate Rules, EU, European Commission, International Data Transfers, Model Contracts

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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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5 Attributes of a Successful Non-Compete Agreement

Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back…more

Employment Contract, Hiring & Firing, Legal Perspectives, Non-Compete Agreements, Popular

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Sanctions for Bringing a Computer Fraud and Abuse Act Claim?

Federal courts have continued to disagree on whether the Computer Fraud & Abuse Act ("CFAA") applies to employees who misuse confidential information or trade secrets obtained from an employer's computer system that the employee…more

CFAA, Confidential Information, Employment Policies, Motion for Sanctions, Unauthorized Access

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Employee Communications: Your Internal Public Relations Campaign

If your organization regularly communicates with employees, then you understand the value of keeping employees informed about changes and plans for the organization. If you don’t have a program for regular employee…more

Best Management Practices, Corporate Culture

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2nd Circuit Amends Unpaid-Internship Opinion

Readers will recall that, last July, the Second Circuit U.S. Court of Appeals (with jurisdiction over Connecticut, New York, and Vermont) adopted a "primary benefit" framework for determining whether a for-profit entity's unpaid…more

Corporate Counsel, FLSA, Fox Searchlight Pictures, Internships, Unpaid Interns

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President Obama Announces Executive Action on Immigration

President Obama has announced his plan for what he says is a partial fix of the U.S. immigration system. Through this Executive Action, more than four million undocumented individuals will get relief from deportation and will…more

Barack Obama, DACA, DAPA, Deportation, DHS

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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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Third Circuit: Meal Breaks For Employees' "Predominant Benefit" Are Not Worktime

The Third Circuit U.S. Court of Appeals (with jurisdiction over Delaware, New Jersey, and Pennsylvania) has ruled in Babcock v. Butler County that employees who receive the "predominant benefit" of a meal break are not entitled…more

Collective Actions, Collective Bargaining Agreements (CBA), Corporate Counsel, Employee Benefits, FLSA

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Six Proven Tactics To Help Avoid The "Ticking Time Bomb" Employee

Each new headline in the news describing the latest workplace violence tragedy reminds managers and human resources executives of their tremendous responsibilities in attempting to help prevent such senseless acts…more

Best Management Practices, Employee Assistance Programs, Hiring & Firing, Human Resources Professionals, Workplace Violence

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Canadian Privacy 101: Employers Be Aware! Part I

This is the first post in a three-part series. If you work for a U.S.-based company with Canadian operations, your organization probably understands its obligations to comply with Canadian employment and tax laws. But is…more

"employer li, Canada, Employee Privacy Rights, PIPEDA

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A TED Talk’s Roadmap for Staying Calm When an Active Shooter’s at the Door

An armed gunman just entered your workplace. You’re under stress. What is the first thing you and your management team do?…more

Best Management Practices, EAP, OSHA, Workplace Safety, Workplace Violence

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Human Error Called The Most Common Factor In Data Breaches

As reported in the December 9, 2015 Wall Street Journal Law Blog, a recent report by the Association of Corporate Counsel (“ACC”) revealed that the most common reason for a data breach at companies is “employee error.” …more

Cyber Crimes, Cybersecurity, Data Breach, Hackers, Security Breach

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Duran v. U.S. Bank: When Class Certification Goes Wrong

The California Supreme Court recently handed down a landmark decision on class actions. The trial judge lost control of the certification and evidentiary presentation of the case resulting in a $15 million verdict against U.S…more

Class Action, Class Certification, U.S. Bank National Association, US Bank

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Don't Forget State Law: Why Busk Does Not Save All Retailers

Expansion is the lifeblood of a growing business. But with expansion comes a diverse landscape of state laws governing all aspects of the employment relationship. It is vital when entering new jurisdictions to understand the…more

Amazon, Employer Liability Issues, FLSA, Integrity Staffing v Busk, Loss Prevention

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Court Rejects Kentucky Wage-Hour Representative Actions

The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may be maintained in any court of…more

FLSA, Jurisdiction, Minimum Wage, New Legislation, Unpaid Overtime

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Mexico – Single National Minimum Wage

On September 24, 2015, the National Minimum Wage Commission resolved that a single minimum wage of $70.10 pesos a day would apply across the entire country of Mexico. This resolution became effective as of October 1, 2015…more

Mexico, Minimum Wage, Wage and Hour

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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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Eligibility Rules Need To Be In Writing

Healthcare reform continues to roll on. 2014 saw the implementation of the health insurance exchanges, the Individual Mandate, and a host of new rules relating to employer-provided health coverage. 2015 marks the start of yet…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, ERISA, Full-Time Employees

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The EEOC Goes Electronic: FAQs On EEOC's New Electronic Pilot Program

The Equal Employment Opportunity Commission (EEOC) recently rolled out a pilot program to electronically notify employers of new Charges filed against them. Instead of mailing the Notice of Charge of Discrimination form through…more

ACT Digital, Discrimination, EEOC, Electronic Communications, Employer Liability Issues

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Labor Contractors Can Make Dangerous Bedfellows: Part I

According to many sources, there is a shortage of unskilled workers in the United States that is only projected to worsen, and employers nationwide are feeling the pinch. From hoteliers to seafood processors, manufacturers to…more

Employer Liability Issues, FLSA, Hiring & Firing, Labor Contractor, Third-Party Risk

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Business Travel to Australia with a Criminal Background

2015 marks the 75th anniversary of diplomatic relations between the United States and Australia. In 1940, the two countries established diplomatic relations following the United Kingdom's recognition of Australia's domestic and…more

Australia, Business Travel, Criminal Records, Customs and Border Protection, Visas

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