Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more
11/22/2017
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Joint Employers ,
Marijuana ,
Medical Leave ,
NLRB ,
Reasonable Accommodation ,
Sexual Assault ,
Sexual Harassment ,
Social Media Policy ,
Wage and Hour
While the Portal-to-Portal Act sounds more like a science fiction movie than a wage statute, it comes into play every day for hourly employees. Enacted in 1947 in response to litigation following the relatively new (at the...more
Can an employer distinguish between moms and dads when granting paid parental leave for care for a newborn? Bank JP Morgan appears to believe so. Derek Rotondo requested parental leave when his wife was expecting their second...more
8/8/2017
/ American Civil Liberties Union (ACLU) ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Gender Equity ,
JPMorgan Chase ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Sex Discrimination ,
Title VII ,
Wage and Hour
Does Major League Baseball’s (MLB) farm league system violate federal antitrust laws? Not according to the 9th Circuit. As written about in this previous post from July 2016 and one from July 2015, numerous minor league...more
Just how much can you regulate a public employee’s off-duty conduct? In an interesting and rather frank opinion, the Fifth Circuit found a sheriff’s department could regulate deputies’ private conduct pretty broadly. In...more
Can a plaintiff get emotional distress damages in a wage and hour claim? In December 2016, the Fifth Circuit issued an opinion of first impression where it found that a plaintiff filing a retaliation claim as part of an...more
Many companies have their employees execute non-compete clauses either in employment agreements or as separate documents. The justification for doing so is to protect the company from training workers who later leave and take...more
In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more
The National Labor Relations Board (NLRB) issued a decision yesterday in a long-litigated case that further defined how two entities could be considered joint employers under the National Labor Relations Act (NLRA). The...more
Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures...more
Yesterday, the U.S. Supreme Court unanimously held that Amazon does not have to pay its temporary warehouse workers for the time that they spend waiting in line to go through security checks as they leave the facilities. The...more