Blog
FOIA Request to the EEOC – Maybe Think About Section 83 Instead?
March 6, 2019
For all you employment litigators, we just learned that you don’t have to file a Freedom of Information Act request with the EEOC in order to get its file on a plaintiff’s charge of discrimination.
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On the Basis of Hair: What Employers Should Know Now About Hairstyle Discrimination
March 4, 2019
Employers across the country are on watch after a recent flurry of news about hairstyle discrimination.
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Child Labor Laws Making Headlines in 2019
March 1, 2019
While an Indiana lawmaker has made headlines as of late due to his push to repeal Indiana’s child labor laws, you may wonder, “Are child labor laws still an issue in this country?”
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A Sneak Peak at the New Overtime Rule
March 1, 2019
Although the proposed rules have not been announced officially, we have it on good authority that they will raise the salary threshold to $35,000.
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Ontario Employer’s Just Cause Assertion Backfires, Results in $1,000,000 in Liability Time
March 1, 2019
Ontario’s Court of Appeal recently upheld a trial decision in which an employer’s tactical pursuit of a just cause defence and counterclaim backfired catastrophically and resulted in a cumulative award of over $1 Million.
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In Debt and Overqualified
February 27, 2019
According to the February 2, 2019, issue of the Wall Street Journal, “$86 billion in student debt was owed by Americans aged 60 and over in 2017” and there was a “161% rise in student loan debt for those aged 60 and over from 2010 to 2017.”
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Patient’s “Turn for the Nurse” Creates Liability for Employer
February 27, 2019
On February 6, 2019, the Fifth Circuit Court of Appeals ruled that a nursing assistant could proceed with her Title VII claim based upon the repeated, sexually aggressive behavior toward her by a patient with dementia.
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Is “On-Call” On the Clock?
February 27, 2019
The general principle under the FLSA is that if an employee is “engaged to wait,” then that is considered compensable. However, if the employee is “waiting to become engaged,” that is non-compensable.
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"We Means I" Rules NLRB
February 26, 2019
Section 7 of the National Labor Relations Act gives employees the right to “engage in concerted activity for the purposes...of mutual aid or protection.” The issue in the case of Alstate Maintenance, LLC (Jan. 11, 2019) is whether an employee who complained on behalf of others engaged in protected concerted activity resulting in an illegal discharge.
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Key Employment Issues Across Europe and Beyond
February 25, 2019
CMS presents the latest version of our international employment newsletter “On Your Radar”.
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“…federal judges are appointed for life, not for eternity.”
February 25, 2019
The U.S. Supreme Court vacated an opinion on the Equal Pay Act that had been issued by the en banc U.S. Court of Appeals for the Ninth Circuit.
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Yes, Unions Discriminate Against Workers Too!
February 21, 2019
Last week, the EEOC announced that it entered into a consent decree resolving its race discrimination lawsuit against a union representing firefighters.
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