In the wake of the Charlottesville tragedy, several Twitter crowdsourcers have undertaken to “out” attendees of the “Unite the Right” rally to their employers and the community at large. Some employers have subsequently fired those employees […]
Courts demand rules for employee conduct, but, when employers oblige and spell out what seem to most to be common sense “I-learned-that-in-kindergarten” rules, they may run into trouble under Section 7 of the National Labor Relations Act (“NLRA […]
Unemployment is low and the job market is currently tight. In this environment, talented employees are in high demand. Your best and brightest employees could jump ship for "greener pastures." If your industry is highly competitive, the loss of talent […]
With schools across the country about to wrap up for the year, many teenagers will be looking for jobs to earn some extra spending money or keep themselves occupied this summer. And many employers--in particular restaurants, retail establishments, hospitality […]
Offering an employee additional time off in lieu of paying overtime wages is something that, for the most part, is currently limited to government employers. While some private sector employers mistakenly offer such a benefit, it is—with a few exceptions […]
Yesterday, the Supreme Court held 7-1 that a federal appellate court may only conduct an abuse of discretion review of orders for enforcement of EEOC subpoenas. The case is McLane Co. Inc. v. Equal Employment Opportunity Commission, 581 U.S. --- (2017 […]
As employment related claims continue to rise, businesses must evaluate all available options to attempt to mitigate costs and risks associated with these claims. One common way to address these issues is to obtain an Employment Practices Liability […]
The White House Office of Management Budget has tendered its proposed budgets for various government agencies in 2018, which includes a proposed cut of $2.5 billion to the Department of Labor. That amount represents approximately 21% of the DOL's annual […]
In my little corner of the law, overtime has been a central focus—in individual and class action lawsuits and, for over two years, in predicting and then ciphering the new regulations of the Department of Labor (“DOL”). The new rules would have […]
After pulling off a victory more surprising than Truman’s, Donald Trump will have the opportunity over the next four years to–among other things–change the landscape of employment law in the United States. With Republicans now controlling the […]
On October 20, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively the “Agencies”), who jointly enforce the antitrust laws, alerted human resource (“H.R.”) professionals that they might violate […]
Not all employers need non-compete agreements. Jimmy John’s Sandwiches learned this the hard way, when some franchisees reportedly required sandwich makers or cashiers to sign non-compete agreements. These agreements kept cashiers or sandwich […]