News & Analysis as of

Employer Liability Issues

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

by Foley & Lardner LLP on

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law —...more

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

by Shipman & Goodwin LLP on

The Dialogue — one of more popular recurring posts — returns for the third time. Does that mean the third time’s the charm?...more

Labor & Employment E-Note - April 2017

by Burr & Forman on

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for...more

Security Breach Notification Becomes More Complex For Employers

by Littler on

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be...more

SOSR – A low threshold for a fair dismissal?

by Dentons on

Of the five fair reasons for dismissal, ‘some other substantial reason’ (SOSR) is often viewed as a ‘catch all’ justification for dismissal. It does not give an employer freedom to dismiss for an irrelevant or trivial reason....more

The Cook County Commission on Human Rights Issues Proposed Regulations Regarding Its Sick Leave Ordinance

by Clark Hill PLC on

On November 16, 2016, Clark Hill wrote about the new paid sick leave laws in Chicago, Cook County and Illinois. One of those new paid sick leave laws is the Cook County Earned Sick Leave Ordinance (the "Ordinance"), which was...more

Whistleblower Retaliation Remains in the SEC’s Crosshairs

Whistleblower tips and awards for securities law violations have increased dramatically over the past year, according to the staff of the SEC Enforcement Division’s Office of the Whistleblower. Also during that time, the...more

Another Oil Industry Class Action Settles – The Disturbing Trend Continues

by Fox Rothschild LLP on

There have been a number of FLSA lawsuits in the energy industry of late, focusing on unpaid overtime. One of these employers who was sued, Key Energy, has just settled two class actions for $3 million. The case is entitled...more

Florida Employers What if Theres a Bill OReilly in Your Workplace

by Rumberger Kirk & Caldwell on

Just as some business and organization leaders thought that the culture of a diverse workplace thriving on respect and dignity was deeply entrenched, along comes allegations against a well-known name like Bill O’Reilly...more

Guess Who You Should Never Invite to Dinner? What We Can Learn From Sexual Harassment Claims in the News

Sexual harassment—we have policies against it, we train people on how to prevent and report it, and yet still we have big news stories about it. In the last year, Fox News hit the headlines on this front multiple times–not...more

NLRB Region Five Rules that Resident Advisors at George Washington University are Employees Who May Unionize

On April 21, 2017, the Acting Regional Director of Region Five of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election holding that Resident Advisors (“RAs”) at George Washington University...more

Employer Liable for Failing to Provide Life Insurance Conversion Information to Disabled Employee

A recent decision by the United States District Court for the Western District of Pennsylvania serves as a reminder that an employer may incur significant financial liability for failing to timely provide life insurance...more

Maryland on Track to Join Growing Trend of Paid Sick Leave

by Conn Maciel Carey LLP on

On April 5, 2017, the Maryland General Assembly passed a paid sick leave bill – the Maryland Healthy Working Families Act (the “Act”) – that is now waiting for Republican Governor Larry Hogan’s approval. Governor Hogan has...more

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

by Jackson Lewis P.C. on

A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v....more

Flagged Down: Second Circuit Finds NYC “Black Car” Drivers Are Independent Contractors

The Second Circuit has affirmed the dismissal of a class action of New York City “black car” drivers who alleged they were misclassified as independent contractors by their dispatchers. In reaching its ruling, the Court found...more

Employer’s Refusal To Allow Rescission of an Employee’s Voluntary Resignation Does Not Constitute Adverse Employment Action Under...

In Featherstone v. Southern California Permanente Medical Group, (No. B275225, filed 4/19/17), the California Court of Appeal for the Second Appellate District held absent evidence an employee’s resignation was coerced, an...more

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

Update: Los Angeles "Ban-the-Box" Legislation

by Payne & Fears on

In January, we issued an Employment Alert regarding Los Angeles's new "Ban-the-Box" law, known as the Los Angeles Fair Chance Initiative for Hiring, which went into effect on January 22, 2017. The law restricts inquiry into...more

Constructive Discharge

by Zelle LLP on

The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical...more

New York City Seeks to Ban Employer Inquiries Into Applicants’ Salary History

by Genova Burns LLC on

On April 5, 2016, the New York City Council passed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary...more

Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly...more

Global Employment Law Update - April 2017

by Hogan Lovells on

In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more

Seventh Circuit Finds Sexual Orientation Protected by Title VII of the Civil Rights Act

by K&L Gates LLP on

On April 4, 2017, the Seventh Circuit Court of Appeals became the first federal appeals court in the United States to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

Sensitivity to Electromagnetic Voltage Not a “Disability” Under the Americans With Disabilities Act

by Jackson Lewis P.C. on

The Seventh Circuit Court of Appeals affirmed the grant of summary judgment dismissing a former employee’s claim that he was terminated because of his purported disability, “sensitivity to electromagnetic voltage.” Hirmiz v....more

Is Your Timekeeping System Creating Wage-Hour Liability?

Does your timekeeping software make it harder for you to comply with wage and hour laws — and to defend yourself in a wage and hour lawsuit? A study recently published in the Yale Journal of Law and Technology says that...more

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