Yesterday, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued ”Updated Enforcement Guidance,” reminding employers that screen applicants’ criminal backgrounds that they must prove that any use of information acquired through such screens is job-related to avoid potential discrimination suits. The Enforcement Guidance states that an employer accused of violating Title VII will have to carry the burden of proving… Continue Reading
Monthly Archives: April 2012
Silence Can Be a Good Thing for Employers – Another Installment in the Saga of Wage and Hour Class Actions and Arbitration in California
Posted in Arbitration, Wage & HourA California appellate court has ruled that where an arbitration agreement compels arbitration of employment claims but is silent on whether class actions are authorized, the trial court wrongly compelled the employer to participate in a wage and hour class arbitration.
April 2012 Employment Law Changes
Posted in UK EmploymentA number of important changes to UK employment law have come into effect in April 2012, including increases in statutory payment rates, a longer unfair dismissal qualifying period for new employees and changes in Employment Tribunal procedure. Significant changes affecting employers and employees include: 1) Statutory payment rates The standard weekly rates for the following… Continue Reading
NLRB moving toward offsite union elections?
Posted in LaborThe majority of NLRB elections are conducted on the employer’s premises. This practice has historically applied to both the initial election and any subsequent rerun elections. However, in a recent decision, 2 Sisters Food Group, Inc., the NLRB suggested that it may be appropriate to conduct rerun elections offsite in certain circumstances. Today, the NLRB’s… Continue Reading
D.C. Circuit enjoins enforcement of NLRB’s notice-posting rule pending appeal
Posted in LaborThe soap opera that has become the NLRB’s notice-posting rule continues. As we reported last week, there is a split in the courts over whether the NLRB has the authority to require private-sector employers to post a “Notice of Employee Rights.” The first court to consider the issue upheld the posting requirement, while striking down… Continue Reading
South Carolina Court strikes down NLRB notice-posting rule
Posted in LaborWe’ve been following the NLRB’s notice-posting rule, which would require nearly all private-sector employers to post a Notice of Employee Rights as of April 30, 2012. As we reported, on March 2 the United States District Court for the District of Columbia upheld the Board’ authority to require the posting of the notice, while striking… Continue Reading
Brinker Restaurant Corporation v. Superior Ct.: The Takeaway on Meal and Rest Period Rules and Claims
Posted in Wage & HourIn Brinker Restaurant Corporation v. Superior Ct., the California Supreme Court clarified the nature of an employer’s duty to “provide” employees with meal breaks, as well as the timing requirements of meal and rest periods. In ruling on whether the classes were properly certified, the decision also raised issues regarding whether claims with disputed elements… Continue Reading
Maryland may become first state to ban employers from asking applicants and employees for access to their social media accounts
Posted in UncategorizedWe’ve been following the issue of employers asking applicants and employees for access to their social media accounts. Despite limited data of how widespread this practice is, the issue has attracted national attention due in part to a recent AP story and activism by civil liberties groups. Maryland moved significantly closer to becoming the first… Continue Reading
Intern or Employee? Unpaid Internships May End Up Costing Employers
Posted in Compensation, FLSAPrivate sector employers planning internship programs should be aware of the legal distinctions between unpaid interns and paid employees. A number of recent class actions filed against media and entertainment companies, accusing them of misclassifying unpaid interns in order to reduce production costs, has led to a heightened scrutiny of internship programs. Simply labeling an… Continue Reading
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