Blog

Supreme Court Rules for Baker in Same-Sex Wedding Cake Case
June 3, 2018
On Monday, June 4, 2018, the U.S. Supreme Court, in a 7-2 decision, held that the Colorado Civil Rights Commission violated a baker’s constitutional right to the free exercise of his religion, by exhibiting hostility towards the baker’s religious views as expressed in his refusal to make a wedding cake for a same-sex couple.
Read More >

Lessons Learned from those “Special” Treats in the Breakroom or at the Office Party
May 30, 2018
About two weeks ago, it was widely reported that a Michigan woman brought brownies baked with laxatives (yes, you read that right) to work for another employee’s going away party.
Read More >

More Common Than You Might Think: Religious Accommodations for Ramadan
May 23, 2018
Many employers might not be familiar with Ramadan and might not have ever had an accommodation request relating to the religious holiday. However, there are around 3.3 million Muslims in the United States, many of whom are active in the country’s workforce.
Read More >

Employers Pay $740,000 a Day
May 23, 2018
Employment litigation in general has declined as an outcome of a robust job market. However, wage and hour litigation continues to increase. According to a report recently issued by the United States Department of Labor, Wage and Hour Division, for Fiscal Year 2017 DOL collected an average of $740,000 per day in back pay.
Read More >

Starbucks – Training Employees on the Obvious?
May 23, 2018
What is obvious? Well, I’d say the direction that Starbucks gave to its employees to call 911 if they observe a customer using or selling drugs. Or there’s a fire or robbery. This is associated with Starbucks’ new policy on non-paying guests in its stores.
Read More >

Current Wage and Hour Issues
May 23, 2018
At this time, Wage Hour continues to operate without an Administrator who has been confirmed by the Senate.
Read More >

Kansas City Joins Several States and Municipalities in Banning the Box
May 20, 2018
Effective June 9, 2018, a new Kansas City, Missouri ordinance places restrictions on an employer’s inquiries into, and the use of, criminal record information.
Read More >

H-1B Worker Who Quits Cannot Be Required to Pay Back H-1B Fees
May 20, 2018
An H-1B Visa allows a non-immigrant worker to work temporarily in the US for a sponsoring employer.  An employer must petition for an H-1B Visa on the employee’s behalf; an employee can’t do it, and the costs of petitioning for an H-1B Visa are substantial.
Read More >

Supreme Court Finds in Favor of Employment Arbitration Clauses
May 20, 2018
On Monday, the Supreme Court issued an opinion regarding the validity of arbitration clauses in individual employment contracts.
Read More >

NLRB Decision on Independent Contractor Issue Could Impact Related FLSA Litigation
May 17, 2018
On May 2, 2018, Leslie Smith, a well-known mixed martial arts fighter, filed an unfair labor practice charge with the National Labor Relations Board (“NLRB”) alleging that the Ultimate Fighting Championship (“UFC’) failed to renew her contract because she was trying to organize other UFC fighters.
Read More >

Wait – That E-mail Is a Legal Agreement?
May 16, 2018
I know I’m dating myself, but as a lawyer of a certain age, I like a legal agreement to be in paper, with handwritten signatures.
Read More >

Employer’s Failure to Follow Proper NLRB Procedures after Settlement Results in Entry of Default Judgment
May 13, 2018
It should come as no surprise that in the majority of the matters wherein the National Labor Relations Board (NLRB) investigates an alleged unfair labor practice and thereafter issues a complaint, the parties enter into an informal settlement agreement.
Read More >