What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of...more
Since the Federal Arbitration Act’s (FAA) enactment in 1925, parties have sparred over the enforceability of arbitration agreements in a number of contexts. ...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
When is it safe to terminate an employee who has exhausted (or is ineligible for) Family Medical Leave Act (FMLA) leave, but who is unable to return to work? This question continues to confound employers, and has been the...more
1/3/2018
/ Americans with Disabilities Act (ADA) ,
AstraZeneca ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Medical Leave ,
Reasonable Accommodation ,
Risk Management ,
Termination ,
Title III
In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically,...more
Please see Chart for more information.
...more
Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under...more
1/17/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS ,
Section 7
Employers commonly use arbitration agreements to minimize the expense and exposure of employment-related claims. By mandating arbitration of employment disputes, they hope to ensure that these matters are resolved in a...more
Please see Chart below....more
Please see full Chart below for more information....more
Provisions restricting the hiring of another company’s employees are often included in vendor agreements and a variety of corporate transactions and licenses. And it’s not unusual to see similar constraints adopted in...more
10/27/2016
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Technology Sector ,
Wage and Hour ,
Wage-Fixing
Please see Infographic below for more information. ...more
Please see Infographic below for more information....more
Please see Chart below....more
Please see Alert below....more
Massachusetts Mandates Paid Leave -
Please see Alert below...more
This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the...more
Recent District of Hawaii decision suggests social media policies are more important than ever, despite NLRB’s dramatic limits on employers’ ability to police employee speech on the Internet -
Howard v. Hertz -...more
Employer Status for Franchisors -
Franchisors typically do not control hiring discipline, termination, or other employment decisions made at locations operated by independent franchises. Can they nonetheless be...more
Employee privacy rights may have received a boost from the U.S. Supreme Court at the end of this year’s term. In Riley v. California, the most recent in a series of criminal search and seizure cases involving technology, the...more
The vast majority of requests for accommodation aim to help an employee to perform the essential functions of his or her job. As a result, a large body of case law has developed, defining reasonable accommodations as changes...more
There is a reason every human resources expert preaches consistency: to prove employment discrimination where there is no smoking gun evidence of discriminatory intent, the plaintiff must generally show that he or she was...more
Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more
Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more
1/10/2013
/ Facebook ,
Harassment ,
Hiring & Firing ,
Hispanics United of Buffalo ,
NLRA ,
NLRB ,
Non-Union ,
Protected Concerted Activity ,
Social Media ,
Social Media Policy ,
Termination