Constangy, Brooks, Smith & Prophete, LLP

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230 Peachtree Street, N.W.
Suite 2400
Atlanta, Georgia 30303-1557, United States
Phone: 404.525.8622
Fax: 404.525.6955
Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
Locations
Other U.S. Locations
  • Alabama
  • California
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
  • New Jersey
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
Number of Attorneys
100+ Attorneys

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and Homeland…more

Executive Orders, Foreign Workers, H-1B, Lottery, Trump Administration

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New York City Council Passes Measure Banning Questions About Salary History

The New York City Council has passed a measure that would bar all private employers from asking about or relying on salary history during the hiring process, and Mayor Bill de Blasio is expected to sign it into law. Assuming he…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary/Wage History

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Less Than A Month To Go! Are You Ready For The FLSA Overtime Rule?

The holiday season is almost upon us, and with it comes one of the largest “gifts” the U.S. Department of Labor has ever provided – the new Final Rule on overtime exemptions, which will, in all likelihood, take effect as…more

DOL, Exempt-Employees, FLSA, Non-Exempt Employees, Over-Time

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Massachusetts Expands Employers' Obligations To Accommodate Pregnant Employees

On July 27, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act. The Pregnant Workers Act (1) requires Massachusetts employers to provide pregnant women and new mothers with “reasonable…more

ADA, Civil Rights Act, Employer Liability Issues, Hiring & Firing, Pregnancy

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Obama Overtime Rule Is Declared Invalid – For Good? (Let’s Hope.)

Yesterday, U.S. District Court Judge Amos Mazzant followed up on his preliminary injunction ruling, issued last November, by rendering final judgment in favor of the business groups and state governments who had challenged the…more

Congressional Intent, DOL, Exempt-Employees, Final Rules, FLSA

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LabCorp Settles With OFCCP For Alleged Bias In Hiring And Compensation

Laboratory Corporation of America has agreed to pay approximately $200,000 to resolve a matter with Office of Federal Contract Compliance Programs. According to the Conciliation Agreement between the parties, the OFCCP found…more

Employment Discrimination, Federal Contractors, Hiring & Firing, OFCCP, Pay Discrimination

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New Jersey “Marital Status” Protection Applies to All Types of Marital Status, State Supreme Court Says

The New Jersey Supreme Court has unanimously ruled that the New Jersey Law Against Discrimination includes protection for separated, divorcing and divorced employees. The LAD prohibits discrimination based on, among other…more

Divorce, Family Status Discrimination, Marital Status, Wrongful Termination

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Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

See all updates »

Retailer - Fall 2016

NEWS & ANALYSIS - Don’t let a “crowd crush” ruin the holiday retail season for your brick-and-mortar employees - As more consumers move to shopping online, retailers expect to lose some in-person traffic at stores this…more

Black Friday, Employer Liability Issues, Holidays, OSHA, Retailers

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BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of…more

Commercial Truck Drivers, Drug Testing, FMCSA, Screening Procedures, Trucking Industry

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Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently former…more

Personnel Records

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What To Make Of The Wage And Hour Division's Voluntary Compliance Agreement With The Subway Franchise System

On July 26, the U.S. Department of Labor’s Wage and Hour Division entered into a “Voluntary Agreement” with the franchisor of the Subway brand, known as Doctor’s Associates, Inc., and its affiliates. The agreement reads…more

Corporate Counsel, DOL, FLSA, Franchisee, Joint Employers

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Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be…more

Department of Education, Educational Institutions, Equal Protection, Gender Identity, School Restrooms

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It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See all updates »

Data Theft And What’s “Tangible”: New York Appellate Division Reinstates Conviction Of Former Goldman Sachs Programmer Sergey Aleynikov

The law often lags behind developments in the tech world. One problem for employers seeking to protect their data is that some anti-theft and trade secret protection laws drafted long ago refer to “goods” and “tangible” items…more

Data Protection, Data Theft, Economic Espionage Act, Misappropriation, Non-Disclosure Agreement

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The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

See all updates »

Reminder: Fair Credit Reporting Act Compliance and Reporting Changes Effective January 1, 2013

The federal Fair Credit Reporting Act was enacted in 1971 to regulate the consumer credit reporting industry. Employers that use and request consumer background checks from consumer reporting agencies are automatically subject…more

Background Checks, Credit Reports, Criminal Background Checks, FCRA, Notice Requirements

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Timing Is Everything: USCIS Revises Form I-9 To Clarify When Section 1 Should Be Completed

As you may recall, the U.S. Citizenship and Immigration Services recently modernized the Form I-9, Employment Eligibility Verification, to offer both a “paper” and an “electronic” version. Last week, the USCIS released yet…more

Employer Liability Issues, Employment Authorization Documents (EAD), Hiring & Firing, I-9, USCIS

See all updates »

Fast Food Employers In The Empire State: 10 Wage-And-Hour Issues On The Horizon

Employers across New York State will be ringing in the new year with wage increases — particularly those in the hospitality industry, who face additional increases for qualifying "fast food" workers. This update summarizes the…more

Fast-Food Industry, Hospitality Industry, Minimum Wage, Wage and Hour

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What’s The World Coming To? Federal OT Rule Is More Employee-Friendly Than California Law!

Well, not exactly. But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant. Another one happened today: the FLSA has become more…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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Obama Overtime Rule Is Declared Invalid – For Good? (Let’s Hope.)

Yesterday, U.S. District Court Judge Amos Mazzant followed up on his preliminary injunction ruling, issued last November, by rendering final judgment in favor of the business groups and state governments who had challenged the…more

Congressional Intent, DOL, Exempt-Employees, Final Rules, FLSA

See all updates »

Immigration Dispatch USCIS To Issue Redesigned Green Cards And Employment Authorization Documents

As part of an ongoing effort to enhance document security and deter counterfeiting and fraud, the U.S. Citizenship and Immigration Services recently announced that it will soon begin issuing redesigned Permanent Resident Cards,…more

Employment Authorization Documents (EAD), Green Cards, I-9, USCIS

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Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed by…more

Facebook, First Amendment, Free Speech, Hate Speech, Hiring & Firing

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Trump's "Travel Ban 3" Is Blocked By Federal Court In Hawaii

Legal commentators suggested that the third version of the Trump travel ban, the September 24 Proclamation, would be harder to challenge because the Proclamation was issued after a government review as to which countries met the…more

Foreign Nationals, Immigrants, International Travel, Travel Ban, TRO

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The Massachusetts Wage Act: A New Incentive for Employers to Pay Up

Since July 2008, Massachusetts employers have been subject to automatic treble damages (that is, three times the amount of any award) for violations of the Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150. Nearly seven years…more

Labor Law Violations, Paid Time Off (PTO), Termination, Treble Damages, Wage Act

See all updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

OFCCP Offers More Hurricane Relief

On the heels of the exemption for Hurricane Harvey contractors, and given the additional widespread destruction caused by Hurricane Irma, the federal government has extended a deadline affecting federal contractors and…more

Federal Contractors, Hurricane Harvey, Hurricane Irma, Natural Disasters, OFCCP

See all updates »

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

See all updates »

Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation, the…more

ADA, Business Travel, CDC, OSHA, Popular

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Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee…more

DOL, Exempt-Employees, FLSA, Multi-Factor Test, Proposed Regulation

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Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness…more

Constructive Discharge, Green v Brennan, Hiring & Firing, Popular, Race Discrimination

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An Open Love Letter to Justice Clarence Thomas

I admit it. I have a crush on Justice Thomas. Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing…more

Attorney's Fees, EEOC, EEOC v CRST Van Expedited, Prevailing Party, SCOTUS

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Labor Nominee Andrew Puzder's Advocacy For Franchises Has Made Him The Target Of Worker Groups

Andrew Puzder, President Trump’s nominee for Secretary of Labor, is now a household name. You probably know that he is the Chief Executive Officer of CKE Restaurants, Inc., the corporate franchisor of the Hardee’s and Carl’s Jr…more

NLRB, Secretary of Labor, Trump Administration, Wage and Hour

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Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the…more

Employer Liability Issues, Enforcement, OSHA, Penalties, Statutory Penalties

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT, OFCCP

See all updates »

Massachusetts Beefs Up Its Pay Equity Law

Yesterday Massachusetts Gov. Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed by unanimous votes in the state House and Senate. Although Massachusetts has…more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, NLRA, Wage and Hour

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Extended Medical Leave Not A “Reasonable” Accommodation Under ADA, Court Says

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. …more

ADA, Disability Discrimination, Employer Liability Issues, FMLA, Hiring & Firing

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Massachusetts High Court Provides Helpful Guidance to Employers Regarding Damages and Releases Under Wage Act

On December 17, 2012, the Massachusetts Supreme Judicial Court issued a wide-ranging opinion that clarifies the limitations on damages that employees can seek under G.L. c. 149, §§ 148 and 150 ("Wage Act") when an employee…more

Independent Contractors, Misclassification, Over-Time, Statute of Limitations, Tolling

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Does DOJ Action On “Race-Conscious” College Admissions Mean Anything For Federal Contractors?

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal…more

Affirmative Action, Colleges, DOJ, Federal Contractors, Harvard University

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Call the Doctor! Paid sick leave is on the way for (many) federal contractors

The date for the U.S. Secretary of Labor to issue regulations establishing paid sick leave for covered employees of certain federal contractors is fast approaching. By way of background, on September 7, 2015, President…more

Barack Obama, Davis-Bacon Act, DOL, Executive Orders, Federal Contractors

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USCIS Has Resumed Premium Processing For All H-1B Petitions

The U.S. Citizenship and Immigration Services has resumed premium processing for all H-1B petitions as of yesterday, October 3. Premium processing is a service offered by the USCIS in which certain types of petitions will be…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, USCIS

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Executive Labor Summary - September/October 2017

NLRB seats fill, and more to come. The U.S. Senate confirmed William Emanuel as a member of the National Labor Relations Board on September 25, creating a Republican majority on the Board. Mr. Emanuel was a management-side labor…more

Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues, NLRA, NLRB

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Pros and cons of “resign to run” laws for elected officials

During this election season, we thought it would be timely to bring up what are commonly referred to as “resign to run” laws. So-called “resign to run” laws require that before an elected official may run for a different…more

Public Employees, Public Officials, Resignation

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Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union…more

Non-Union, OSHA, Union Representatives, Workplace Safety

See all updates »

EEOC Follows Through: Comp Data Will Be Required In EEO-1 Reports

The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this…more

EEO-1, EEOC, Federal Contractors, FOIA, OFCCP

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Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the…more

Corporate Counsel, DOL, Enforcement, OSHA, Popular

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Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, EEOC, Gender Identity, Title VII, Transgender

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Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However, as…more

Best Management Practices, Employer Liability Issues, Enforcement Authority, Equal Pay, Equal Pay Act

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The Dissenter’s Uprising: Miscimarra to lead Republican-majority NLRB

Philip A. Miscimarra was nominated to the National Labor Relations Board by President Obama in April 2013. Mr. Miscimarra was quickly confirmed by the Senate and began his term in August 2013. Previously a management-side labor…more

Browning-Ferris Industries of California Inc., Joint Employers, NLRA, NLRB, Trump Administration

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Franchisor Not Liable For Franchisee’s Tip Policy That Allegedly Violated Massachusetts Law

The Massachusetts Superior Court has recently issued a favorable opinion to franchisors under the Massachusetts Tips Act. In Yarpah v. Bowden Hospitality Newton, LLC d/b/a Crowne Plaza Hotel, Justice Kenneth W. Salinger held…more

Franchisee, Franchisors, Tipped Employees, Wage and Hour

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The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade secrets…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Conrad 30 Waiver, Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS

See all updates »

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See all updates »

Afraid You May Be A Sexual Harasser? Some Helpful Dos And Don'ts

So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape. An article in last Friday's New York Times indicated that in light of the ever-growing number of…more

Employer Liability Issues, Harassment, Sexual Harassment

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OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

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OFCCP, Google Awaiting A Decision

The hearing on the lawsuit filed by the Office of Federal Contract Compliance Programs against Google concluded on Friday, May 26, in San Francisco. As I’ve reported , the OFCCP is seeking historical pay data as well as names…more

Federal Contractors, Fourth Amendment, Google, OFCCP, Salary/Wage History

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Court Refuses To Block OSHA’s New Anti-Retaliation Rule That Restricts Post-Accident Drug Testing And Safety Incentive Programs

A federal judge in Dallas, Texas, decided Monday that the Occupational Safety and Health Administration could begin enforcing the anti-retaliation provisions of its new “Reasonable Reporting Procedure” rule starting tomorrow…more

Anti-Retaliation Provisions, Drug Testing, Incentives, OSHA, Workplace Injury

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New York City Council Passes Measure Banning Questions About Salary History

The New York City Council has passed a measure that would bar all private employers from asking about or relying on salary history during the hiring process, and Mayor Bill de Blasio is expected to sign it into law. Assuming he…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Local Ordinance, Salary/Wage History

See all updates »

President Obama’s labor and employment legacy

Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barak Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s…more

Barack Obama, DOL, EEOC, Equal Pay, Executive Orders

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GOOD NEWS FOR MISSOURI EMPLOYERS: New Legislation Should Make Climate More Business-Friendly

A decade of employee-favorable judicial opinions in Missouri has been undone by sweeping amendments to the Missouri Human Rights Act and codification of employee whistleblower claims. On Friday, Gov. Eric Greitens signed into…more

Employer Liability Issues, Employment Discrimination, Human Rights, Whistleblowers

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DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of the…more

Companionship Exemptions, DOL, Enforcement, FLSA, Minimum Wage

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NEW ADMINISTRATION, NEW RULES: “Am I a fiduciary or not?”

As anticipated, and consistent with his stance on reducing government regulation, President Trump signed an executive order late last week directing a review of the retirement plan fiduciary rule (the Dodd-Frank Wall Street…more

Dodd-Frank, DOL, Executive Orders, Fiduciary Rule, Presidential Memorandum

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Q And A About Employee “Political Protest” Strikes

We reported yesterday on the immigrant strikes expected nationwide today and tomorrow, and whether the strikers are protected under the National Labor Relations Act. Here is a more in-depth look at the issue. Q-This week…more

Employer Liability Issues, NLRA, NLRB, Protected Concerted Activity, Strike

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Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union…more

Non-Union, OSHA, Union Representatives, Workplace Safety

See all updates »

DOL Announces 2018 Minimum Wage For Employees Of Some Federal Contractors

On September 15, the U.S. Department of Labor announced the 2018 minimum wage rates for covered federal contractors and subcontractors. Beginning January 1, 2018, federal contractors covered by these requirements will be…more

DOL, Employer Liability Issues, Executive Orders, Federal Contractors, Minimum Wage

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Retailer - Summer 2017

NEWS & ANALYSIS - Danger, Will Robinson? Automation is replacing – but also enhancing – many retail jobs- Of the 16 million Americans who work in retail, nearly half could lose their jobs to robots over the next decade, a…more

DOL, Over-Time, Retail Market, Retailers, Salary/Wage History

See all updates »

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

See all updates »

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See all updates »

OFCCP Exempts Hurricane Harvey Contractors From Written Affirmative Action Program Requirement

Experts have estimated that it may cost as much as $180 billion to repair the damage done by Hurricane Harvey. With so much rebuilding to be done, the Office of Federal Contract Compliance Programs is temporarily waiving certain…more

Affirmative Action, Exemptions, Federal Contractors, Hurricane Harvey, Natural Disasters

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E-Discovery And Information Governance: A Team Effort

Your company creates a vast amount of data every day. Information about profit margins, business plans, and employees – you name it, it’s probably on your system. But if you are faced with a class action lawsuit, do you have a…more

Discovery, Electronically Stored Information, Information Governance

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Fair Pay and Safe Workplaces is mostly gone — but not the pay transparency part

Federal contractors were thrilled when Judge Marcia Crone issued a preliminary injunction in late October against President Obama’s Fair Pay and Safe Workplaces Executive Order. But Judge Crone’s decision did not block the…more

Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors, Labor Law Violations, Pay Transparency

See all updates »

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

See all updates »

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