Ver la versión en español aquí “Comprenden sus empleados las políticas de empleo?” If you did not understand that, take notice of a recent decision by a federal court judge. In the case, an employee sued his former employer for alleged unpaid wages. When the employee began his employment, he signed an agreement stating he … Continue Reading
Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading
Many companies tout themselves as a “flexible workplace.” But what exactly does that mean? Does the company permit employees to have a regular telecommuting schedule or just work from home occasionally? Does the company offer modified start and stop times or compressed workweeks? All of these options and more can be components of a flexible … Continue Reading
Florida’s Supreme Court and the federal appeals court covering Florida recently issued opinions regarding the enforceability of arbitration agreements. The federal court opinion said that an arbitration agreement waiving an employee’s ability to bring a collection action under the Fair Labor Standards Act (“FLSA”) is enforceable. The state court opinion said that an arbitration provision … Continue Reading
A National Labor Relations Board (NLRB) administrative law judge recently found two code of conduct rules that prohibited comments exceeding “the bounds of fair criticism” and behavior that “is counter to promoting teamwork” violated the National Labor Relations Act (NLRA). Click here for copy of the case. The case arose after the William Beaumont Hospital terminated … Continue Reading
Last week, an administrative law judge for the National Labor Relations Board, ruled that a technical college ran afoul of the National Labor Relations Act for instituting a policy prohibiting employees from gossiping and for then firing an employee who violated the policy. Click here for a copy of the case. Laurus Technical College in Atlanta … Continue Reading
A NLRB judge recently ruled that a non-profit’s discharge of two employees for having an inappropriate conversation on Facebook about the non-profit did not run afoul of the National Labor Relations Act. Click here for copy of the case. On July 30, 2012, the non-profit, a corporation that ran an after school teen center in … Continue Reading
An Ohio Federal District Court recently ruled that Verizon Wireless could be sued for reading a former employee’s personal emails on a company-issued device. During her employment, Verizon issued Sandi Lazetle a Blackberry which she used for company email. According to Sandi, she was told that she also could use the Blackberry for personal email, … Continue Reading
In February 2013, we advised you that the Department of Labor (“DOL”) revised its Family and Medical Leave Act (“FMLA”) poster, also referred to as the “General Notice.” (Click here for February 2013 post) At the time, the revised FMLA poster was only available in English. After months of waiting, the revised FMLA poster is … Continue Reading
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued regulations revising existing regulations under the Vietnam Era Veterans’ Readjustment Assistant Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973. These laws prohibit covered federal contractors and subcontractors from discriminating in employment against protected veterans and individuals … Continue Reading
A New Jersey federal court ruled this week that “private” Facebook wall posts are covered by the Stored Communications Act (“SCA”). The SCA is a federal law that, among other things, prohibits unauthorized access of communications stored on the internet. Deborah Ehling, a former Monmouth-Ocean Hospital Service Corp. nurse, posted comments on her Facebook wall … Continue Reading
The next filing deadline for EEO-1 Reports is Monday, September 20, 2013. The “EEO-1 Report” is the Employer Information Report that certain employers are required to annually file with the U.S. Equal Employment Opportunity Commission (EEOC). The form asks the employer to provide a count of its current employees by job category and then by … Continue Reading
On June 26, 2013, the United States Supreme Court in United States v. Windsor struck down the Defense of Marriage Act (“DOMA”) which had defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who was a husband or a … Continue Reading
On Tuesday, a federal court judge in New York ruled that Fox Searchlight Pictures violated federal and state wage laws by not paying production interns. The production interns, Eric Glatt and Alexander Footman, worked on the psychological thriller “Black Swan” performing work such as reconciling purchase orders and invoices, drafting cover letters, filing, making copies, arranging … Continue Reading
A little over a year ago we blogged about a Texas federal trial court ruling that Title VII did not cover lactation in the case EEOC v. Houston Funding II, Ltd.. Click here for link to post. Now, the Fifth Circuit Court of Appeals, which has jurisdiction over Texas, has reversed the trial court and … Continue Reading
On May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) held a meeting with representatives from employers, advocacy groups and insurance providers to discuss issues raised by employee-sponsored wellness programs in the context of the Americans With Disabilities Act and Genetic Information Non-Discrimination Act as well as age, national origin, race and sex discrimination. … Continue Reading
Earlier this week, the United States Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board’s (“NLRB”) poster rule. In 2011, the NLRB issued a rule requiring private employers (union and non-union) to post a specific notice informing employees of their right to unionize under the National Labor Relations Act (NLRA). See … Continue Reading
Employers, union and non-union alike, have been spinning their wheels every time the NLRB comes out with a new case, general counsel memorandum or advice memorandum slamming a generally accepted employment policy. This past year, we have seen the NLRB take on social media policies, collective action waivers, at-will disclaimers and confidentiality rules. This time, … Continue Reading
Whether you have in-house or outside recruiters, make clear what they can and cannot say to your employees. On March 11, 2013, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board made the recommendation that Aerotek, Inc., an employee staffing company, violated the National Labor Relations Act (“NLRA”) when its recruiters told employees … Continue Reading
The revised regulations for the Family and Medical Leave Act (FMLA) require that records or certifications submitted for FMLA leave that contain genetic information and family medical history are subject to the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA). Click here for a link to GINA’s confidentiality regulations (29 C.F.R. §1635.9). … Continue Reading
The Department of Labor (“DOL”) published revisions to certain regulations for the Family and Medical Leave Act (FMLA), a new poster and a new certification form. The following highlight key issues for employers with regard to the revisions. New FMLA Poster. The DOL revised its FMLA poster, also referred to as the “General Notice”, effective … Continue Reading
In August 2011, we blogged about the amendments to the unemployment compensation statutes, which included a new definition of misconduct (see Florida Employers Get Immediate Unemployment Compensation Relief). The definition of misconduct is: A violation of an employer’s rule, unless the claimant can demonstrate that: He or she did not know, and could not reasonably … Continue Reading
On February 1, a federal court in New York joined appeals courts in the 3rd, 4th, 5th, 8th, 9th and 11th circuits in finding enforceable a waiver of the right to bring collective actions under the Fair Labor Standards Act (FLSA) in arbitration agreements. This decision is at odds with the National Labor Relations Board’s … Continue Reading
The Family Medical Leave Act (“FMLA”) provides eligible employees up to 12 weeks of unpaid, job-protected leave to care for a “son or daughter” with a serious health condition. According to the regulations implementing the FMLA, “son or daughter” includes a minor child and a child “who is 18 years or older and incapable of … Continue Reading
