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Employment Law

Business pushes NLRB for strict definition of joint employment

06/19/2018
A coalition of business groups is weighing in ahead of a new rule on joint employment expected to be issued later this year by the National Labor Relations Board.

If Congress flips, expect FLSA OT threshold rewrite effort to stall

06/19/2018
Democratic wins in November’s midterm elections could influence the HR agenda on Capitol Hill, according to Michael Aitken, vice president of government affairs at the Society for Human Resource Management.

Netflix premieres new anti-harassment policies

06/19/2018
Workers on Netflix film production crews in the United Kingdom aren’t supposed to look at one another for longer than five seconds, according to new anti-harassment guidelines first reported by the British tabloid “The Sun.”

Supreme Court sides with employers on arbitration class action waivers

06/14/2018
In May, the U.S. Supreme Court ruled 5-4 that employers may include language in arbitration agreements that bars employees from filing class-action lawsuits to resolve employment disputes. It’s a huge win for employers.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.

Lawsuits filed against Queens principal cost city $600,000

06/14/2018
The city has paid $605,000 since 2013 to settle four lawsuits accusing Howard Kwait of sexual harassment.

Buffalo temp agency accused of just about every kind of bias

06/14/2018
If the complaint is correct, Staffing Solutions of WNY in Buffalo has managed to violate just about every law the EEOC enforces.

Deny FMLA if clarification request goes unanswered

06/14/2018
You can require employees seeking FMLA leave to have their health care provider submit a certification form estimating how long the medical condition will last. If that or any other part of the certification is left blank, the employer can request clarification.

Expect lawsuit when inexperienced newbie suddenly replaces older, excellent worker

06/14/2018
When an employer suddenly replaces a long-term employee with a younger, inexperienced one without explanation, the older employee may have enough evidence to file an age discrimination lawsuit and get to trial.

It’s all fun and games until joking about injuries leads to an FMLA violation

06/14/2018
While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.