Today, the U.S. Supreme Court again tackled the thorny issue of arbitration in light of the Federal Arbitration Act and struck down a California rule that effectively invalidated arbitration agreements that prevented class actions.
The new regulations interpreting the Fair Labor Standards Act (FLSA) will take effect May 5, 2011. Published earlier this month by the Wage and Hour Division of the U.S. Department of Labor (DOL), the final amendments to the regulations provide employers with much needed clarification on taking tip credits and constructing valid tip pooling arrangements. The… Continue Reading
We’ve been covering the NLRB’s attempts to challenge constitutional amendments guaranteeing the right to a secret ballot in union elections passed by voters in Arizona, South Carolina, South Dakota, and Utah. In February, NLRB Acting General Counsel Lafe Solomon stated that he and his staff would engage in discussions with the Attorneys General for the… Continue Reading
A federal court in the Western District of Michigan recently dismissed a lawsuit brought by the EEOC, but in doing so, ordered the EEOC to pay the employer some $750,000 in attorneys’ fees for having to defend against a frivolous lawsuit.
Recently, it seems, class action lawsuits against employers are getting bigger. Firms that in representing plaintiffs are targeting companies with class action litigations, in particular lawsuits alleging gender discrimination. These lawsuits allege gender discrimination against a few women combined with evidence designed to show a pattern of discrimination against women throughout the company to create a plaintiff… Continue Reading
A job discrimination suit recently brought under the New Jersey Law Against Discrimination (“NJLAD”) challenges an employer’s decision to terminate a transgender man from a “male-only” position. Urban Treatment Associates in Camden, New Jersey, hired El’Jai Devoureau as a part-time urine monitor, but terminated him after his supervisor discovered that his assigned sex at birth… Continue Reading
The privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are critically important for employers to understand and comply with. In general, HIPAA requires that records containing individually identifiable health information are secure and only available to certain parties. Additionally, HIPAA also requires that privacy procedures are adopted and… Continue Reading
The NY State Department of Labor is requiring all private sector employers to provide notices to employees effective April 9 (this Saturday) relating to wage rates and other payroll information. The information which must be included is listed below. The Department of Labor has created a template notice, which may be used. In addition, the… Continue Reading
With use of social networking sites becoming more and more common, employers that do not yet have a social media policy should consider implementing one. A social media policy permits effective monitoring of employee use (or misuse) of social media and establishes guidelines for that use.