In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more
6/14/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Interrogations ,
Leave of Absence ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Text Messages ,
Unfair Labor Practices ,
Union Elections ,
Unions
Employers returning from the Memorial Day weekend were on the receiving end of bad news as they learned that the 6th Circuit Court of Appeals became the third federal appeals court to strike down mandatory class action...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more
5/5/2017
/ Computer Programmers ,
Corporate Counsel ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Gig Economy ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
NLRB ,
Obscenity ,
On-Demand Services ,
OSHA ,
Protected Concerted Activity ,
Salary/Wage History ,
SCOTUS ,
Secretary of Labor ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Tribal Employees ,
Trump Administration ,
Unions ,
USCIS ,
Young Lawyers
I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the...more
4/27/2017
/ Drivers ,
Flexible Work Arrangements ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Non-Exclusive Work Arrangements ,
Ridesharing ,
Sharing Economy ,
State and Local Government ,
Written Agreements
The state of Florida is about to enact first-of-its-kind legislation that will ensure most ride-sharing drivers are independent contractors and not employees, eliminating costly misclassification battles and providing a...more
In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more
4/25/2017
/ Appeals ,
Corporate Counsel ,
Facebook ,
Hiring & Firing ,
NLRA ,
NLRB ,
Obscenity ,
Protected Concerted Activity ,
Reaffirmation ,
Social Media ,
Unfair Labor Practices ,
Union Elections ,
Unions
Groundbreaking Decision Could Lead Other Federal Courts To Follow Suit -
This week, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are...more
4/7/2017
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more
3/13/2017
/ Artificial Intelligence ,
Data Breach ,
Data Collection ,
Data Security ,
Hiring & Firing ,
Involuntary Reduction in Force ,
NLRB ,
OSHA ,
Popular ,
Privacy Concerns ,
Robots ,
WARN Act ,
Workplace Safety
January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned...more
The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more
This Monday after Thanksgiving – also known as Cyber Monday – is expected to be the largest online shopping day in history. Last year, an estimated 52% of Americans participated in Cyber Monday and spent over $3.1 billion,...more
An employer recently claimed a significant victory in a case brought by a former employee who believed he had been unfairly targeted for termination because of his Family and Medical Leave Act (FMLA) leave request. The...more
Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan,...more
A federal appeals court recently ruled that a woman rejected from a job because she refused to cut her dreadlocks could not proceed with a race discrimination claim against the employer. The decision highlights the...more
An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more
A recent controversy over the hit Broadway show “Hamilton” can teach employers a valuable lesson about hiring and making other employment decisions. The producers of the show were accused of discriminatory hiring practices...more
It’s an expression you hear often among police officers and other sworn employees: “You Lie, You Die.” That is, if you are caught being deceptive about any work-related subject, you will be terminated and your career will be...more
Employers started 2016 by claiming another victory in the ongoing battle against medical marijuana in the workplace. On January 7, 2016, a federal court judge in New Mexico dismissed a lawsuit brought by an employee...more
The Portland City Council passed its own version of a “Ban The Box” law right before the Thanksgiving holiday, which will require most businesses operating in the city to adjust their hiring practices. Under the strict new...more
Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more
10/20/2015
/ Americans with Disabilities Act (ADA) ,
Coaches ,
Disciplinary Proceedings ,
Drug & Alcohol Abuse ,
Employee Assistance Programs ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Popular ,
Reasonable Accommodation ,
Termination ,
University of Southern California (USC)
The first Monday in October is the traditional first day of a new U.S. Supreme Court term. As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers. Here is a review of...more
9/30/2015
/ Affirmative Action ,
Background Checks ,
Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
College Admissions ,
Colleges ,
Constructive Discharge ,
Discrimination ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fisher v University of Texas ,
Friedrichs v CA Teachers Association ,
Green v Brennan ,
Hiring & Firing ,
Public Employers ,
Public Schools ,
Public Sector Unions ,
Race Discrimination ,
SCOTUS ,
Spokeo v Robins ,
Statute of Limitations ,
Strict Scrutiny Standard ,
Text Messages ,
Tyson Foods v Bouaphakeo ,
U.S. Navy ,
Universities ,
Wage and Hour
In a recent case decided by the Iowa Supreme Court, the judges held that such an action is acceptable under the law. Before your mind starts wandering too far about the repercussions of this decision, let’s not get ahead of...more