Blog
After Oral Argument: Public Sector “Fair Share Fees” on Thin Ice
April 9, 2018
As we previously reported, in July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees.
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You’ve Filed the H1B Petition, Now What?
April 6, 2018
Many companies seeking approval for H1B workers are breathing a sigh of relief.
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Burning a Customer Is Not the Appropriate Response to Harassment
April 5, 2018
As a minority female, I have had my share of being harassed, and I have felt rage at the unfairness. I completely understand the desire to lash out at the harasser. But actually burning them with a cigarette? Well, that crosses the line.
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Supreme Court Rules Auto Service Advisers Are Exempt From Overtime
April 2, 2018
On April 2, 2018, the U.S. Supreme Court ruled that auto service advisers (also commonly referred to as “service writers”) are exempt from overtime under the Fair Labor Standards Act (“FLSA”).
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Court Green-Lights Nurses’ Defamation Claims
March 30, 2018
Even in good times, employers can feel that their every personnel decision is fraught with legal risk. Of course, in times of crisis, employers must often act decisively to protect their businesses and reputations.
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2018 Consolidated Appropriations Act Impacts Tip Pools
March 30, 2018
On March 23, Congress passed, and the President signed, the 2018 Consolidated Appropriations Act (“Act”) to appropriate and allocate federal funds for the fiscal year ending September 30, 2018.
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Yoga Is Not a Reasonable Accommodation
March 30, 2018
I was highly entertained by a recent case in which an employee requested to attend a yoga class as a reasonable accommodation under the Americans with Disabilities Act.
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Employee Pain Management and the ADA
March 29, 2018
The national opioid epidemic of course has workplace implications, as more employees either have prescriptions for or are consuming pain medicine, such as morphine or Vicodin, with or without a prescription.
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Beware of Biometrics
March 29, 2018
Biometric authentication technology is becoming widely used by employers to track employee data, employee work hours, and employee locations. This creates a potential source of employer liability.
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Recuse Me? Why the NLRB’s Order Vacating the Hy-Brand Decision Should Not Stand
March 22, 2018
Practitioners of labor law know that the 5-member panel comprising the National Labor Relations Board is appointed by the President of the United States. The Board majority (three members) are from the President’s party and the remaining two members are from the other party. As the administration changes, so does the Board majority.
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McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status
March 22, 2018
On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees.
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What Lessons Can Employers Learn from the Uber Class Action?
March 21, 2018
For years, a class action lawsuit brought by a group of Uber drivers has been pending in federal court in California. The plaintiffs in that case allege that they are misclassified as independent contractors and are entitled to wages, overtime, and tips.
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