Employees

News & Analysis as of

Investigating employee misconduct

Employees have a right to a hearing prior to any disciplinary sanction being imposed upon them. This article examines whether an employer can be sued for defamation, by an employee for comments made during an...more

Can a dismissed employee be defamed in CCMA arbitration proceedings

Does an employee who alleges that he was defamed by statements made during his disciplinary/CCMA process have a legal claim for defamation? Towards the latter part of 2016, the Eastern Cape High Court in Clover SA (Pty)...more

Healthcare Litigation - February 2017

HCQIA Preemption of State Physician Whistleblower Statutes - Medical professionals who are subject to adverse actions following peer review often seek to sue the peer review participants (including the individual...more

Don’t Friend My Friends: Nonsolicitation Agreements Should Account for Social Media Strategies

As social media becomes an important part of many companies’ sales and branding strategies, issues relating to companies’ ability to protect their investments in such strategies are emerging. Indeed, this blog has previously...more

Will the New Administration Trump Columbia University?

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

Focus on the FMLA – Part I

This post is the first of two about the Family and Medical Leave Act (FMLA)—and more specifically, about aspects of the FMLA that may be less familiar and seem to be sticking points for employers’ compliance efforts....more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

Settlement Agreements: Who Should Sign?

The recent California appellate ruling in Glen Provost v. Regents of the University of California sheds significant light on judicial views of written settlement agreements. In particular, the case dealt with who should sign...more

Puerto Rico Issues Comprehensive Labor Law Reform

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Employer (Still) Has No Duty to Protect Confidential Information

The University of Pittsburgh Medical Center continues to get support from the court system in a data breach suit that affected more than 60,000 former and current employees, as Barley Snyder attorneys continue to follow the...more

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three...more

It's Not Too Late to Make Your 2017 HR Resolutions

It's a new year. Now that the first month is nearly behind us, many of us have begun making progress on (or even broken) some of our personal resolutions meant to improve ourselves in 2017. But, have you taken the time to...more

Amendments to Singapore Re-Employment Legislation Help Older Employees Remain Productive

A trio of legislative amendments aim to improve economic productivity and labour market flexibility in Singapore. As part of its efforts to help older employees remain economically productive, the Singapore government...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Your Daily Dose of Financial News

Former NJ Senator and Governor Jon Corzine has reached a $5 million settlement with regulators over the collapse of his MF Global firm, which filed bankruptcy in 2011 and lost more than $1 billion in customer investments....more

No Permanent Partial Disability And Permanent Total Disability Benefits At The Same Time, In The Same Claim In Ohio

Under Ohio worker’s compensation law, permanent total disability may be awarded to an injured worker who is unable to return to any type of sustained remunerative employment due to the allowed conditions in the claim....more

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more

Seventh Circuit Says Student Athletes Are Not Employees

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the Board’s Specialty Healthcare standard for determining appropriate bargaining...more

It’s November – therefore we can now talk about Christmas!

Bramble Foods Ltd (the Company) generates a third of its total annual turnover in the eight weeks from mid-September onwards, in the lead-up to Christmas. As this is its busiest period, its employees are expected to work...more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Connecticut Workers’ Compensation Carriers May Pursue Justice

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more

Surgeon General Notifies Employees of Breach

According to the Surgeon General of the United States, the personal information of current, former and retired employees of the United States Public Health Service Commissioned Corps and their dependents has been compromised....more

No Rest for the Weary: Breaking Down DOL’s New Paid Sick Leave Mandate for Federal Contractors

The regulatory onslaught for federal contractors just won’t stop. The “contractor blacklisting” regulations implementing Executive Order 13673, Fair Pay and Safe Workplaces are set to take effect by the end of this month....more

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