Employer Liability Issues

News & Analysis as of

NLRB Rules Bergdorf Shoe Sellers Are Mismatched for Micro-Bargaining Unit

In a long-awaited decision, the National Labor Relations Board (NLRB) unanimously held that women’s shoe sales associates from two different departments within Bergdorf Goodman’s New York store could not be combined into a...more

California's Inside Sales Exemption May Be Lost Where Commissions Are Paid on a Monthly or Less Frequent Basis

A recent California Supreme Court decision significantly impacts pay practices for commissioned sales employees. On July 14, 2014, the state Supreme Court ruled in Peabody v. Time Warner Cable, Inc. that an employer may not...more

Now This is a Headache! Employee Terminated for Migraine Headaches Can Advance FMLA Claim

In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a “non-migraine” headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are...more

Homicide Is The #1 Killer Of Women At Work – Do Your Part To Lower The Statistic With Workplace Violence Training

When I was 18 years old I was in an abusive relationship. I think part of it was being young and not looking for or knowing the warning signs of a dangerous person and part of it was probably just bad luck. I could go into a...more

California Supreme Court Makes It Easier For Workers in Misclassification Cases To Obtain Class Certification

Employment class action litigation is often won or lost with a class certification ruling. If the employer is successful in opposing class certification, then these cases often go away with little or no fanfare and limited...more

Conscious Uncoupling: What To Consider Before Dismissing A Senior Executive

While it may be best employment practice to dismiss an employee by identifying a fair reason and following a fair (and sometimes protracted) process, this may not make commercial sense when it comes to terminating a senior...more

A wake up call for employers – legal liability to shift workers and ‘fly-in, fly out’ employees

Australia’s increasingly flexible workforce means we no longer all work from nine until five. Family commitments, the prospects of better pay, study commitments and countless other factors are all influencing when we work,...more

Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on...

When does two years become six months? When a signed employment application says it does.1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods,...more

LIRR Strike Averted, but Employers Should Remain Aware of Wage and Hour Requirements When Outside Events Prevent Workers From...

Recently, union leaders at the Long Island Railroad and representatives of the Metropolitan Transportation Authority finally reached a deal to avoid a strike. If a strike had occurred, businesses would have faced a...more

Dispelling Employment Myths Series – Issue 7: No Overtime for You!

Employment Myth #7: “My secretary worked 60 hours in the first week of the pay period and 20 hours in the next one, so she doesn’t get any overtime.” Under the Fair Labor Standards Act (FLSA), non-exempt employees are...more

Employee Background Checks

In follow-up to our prior post regarding certain additional liability protections afforded to employers who conduct background checks, in this post we explore additional considerations employers should keep in mind when...more

Court Endorses PTO Use for Exempt Employee Partial-Day Absences

Employers often confuse the strict rules limiting the docking of exempt employees’ salary with different rules relating to partial-day deductions under vacation or “paid time off” (PTO) policies. A California appellate court...more

Hershaw v Sheffield City Council

What happened? In Hershaw v Sheffield City Council, the EAT decided that a letter increasing employees' pay was legally binding on the employer, even though the consultant who sent it had no authority to make a...more

General Counsel of the NLRB Opens the Door for Franchisors to be Liable for the Actions of their Franchisees

In a directive that has rocked the franchise world, the National Labor Relations Board (NLRB or the Board) Office of the General Counsel determined that McDonald’s USA, LLC, as the franchisor, could potentially be held liable...more

No Coach Necessary for Potty-Mouth Employee

As we have recently noted, and as many employers have probably bemoaned a time or two, sometimes it feels like the legal concept of “reasonable accommodation” has little to do with real-world notions of what is reasonable,...more

Perhaps Overdue, Pregnancy Discrimination Update Issued by the EEOC

Following up on our recent post regarding pregnancy discrimination developments, the Equal Employment Opportunity Commission issued the Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14, 2014. This...more

Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them. Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to...more

Employment Law 101: Pregnancy Discrimination

What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against...more

Career Moments Are On The Rise, Mitigate Your Risk With Compliance Training

Have you ever heard of a “career moment”? A career moment is defined as a moment in an employee’s career that represents some form of major change. Last week we hosted two regional events, one in Chicago and one in...more

Motor Carriers Face Uphill Battle After California Supreme Court Decision

Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not...more

The Second Prong of The Inside Salesperson Test – Is the California Supreme Court Poised to Upend The Commissioned Employee...

In Peabody v. Time Warner Cable, Inc., the California Supreme Court clarified that, to satisfy the commissioned employee exemption, employees must be paid more than 1.5 times the minimum wage in the employee's actual pay...more

California Supreme Court Upholds Use of Class Action Waivers in Employment Arbitration Agreements, But PAGA Claims May Not Be...

In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more

Human Rights Commission Looking for Early Information From Claimants

Representing defendants in claims before the Maine Human Rights Commission can be frustrating because the allegedly detailed statement of charge is often not very detailed. It can be difficult to respond to a claim when the...more

Protecting Workers From Heat Stress

The long, hot summer months are upon us...Did you know that an employer’s “duty to provide a safe workplace” under OSHA includes protecting employees from illness caused by heat stress? Heat stroke, heat cramps, heat...more

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the...more

1,634 Results
|
View per page
Page: of 66