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SHRM: Workplace Racism Persists, Diversity Training Needed

September 2, 2014 | Blog

My colleague Jen Rubin was quoted in this SHRM article entitled Workplace Racism Persists, Diversity Training Needed, in which she comments on ways employers can ensure effective diversity training programs. The article focuses on racism in the workplace and steps employers can take to decrease its prevalence in their companies.
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Employers on Either Side of Employee Poaching Should Consider Taking Some (Rather Easy) Steps to Better Protect Themselves

September 2, 2014 | Blog

Recently, litigation consultant TrialGraphix Inc. sued its competitor FTI Consulting, Inc. and four former high-ranking employees in New York Supreme Court for allegedly scheming to steal its trade secrets and gain access to its clients.
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Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”

August 26, 2014 | Blog

Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and Iskanian).
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The Affordable Care Act—Countdown to Compliance for Employers, Week 18: Emerging Strategies to Reduce or Eliminate Exposure for Assessable Payments under the Affordable Care Act’s Pay-or-Play Rules

August 25, 2014 | Blog

The Affordable Care Act’s employer shared responsibility, or “pay-or-play,” rules require “applicable large employers” (generally employers with 50 or more full-time and full-time equivalent employees) to offer group health plan coverage (i.e., “play”) or face the prospect of having to pay money to the government (i.e., “pay”).
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Appellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims

August 22, 2014 | Blog

Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the date of the adverse employment action.
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Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from Employers Failing to Pay Overtime

August 21, 2014 | Blog

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim.
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National Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act; Overrules Holling Press, Inc.

August 19, 2014 | Blog

Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could mean increased Board scrutiny of internal investigations into employees’ complaints of harassment.
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Governor Christie Vetoes New Jersey Unemployment Discrimination Bill

August 18, 2014 | Blog

In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early in the hiring process (which we wrote about here), the Governor vetoed a bill prohibiting discrimination against the unemployed
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Sirius Decisions: Whose LinkedIn Profile Is It, Anyway?

August 18, 2014 | Blog

My colleague Jennifer Rubin is quoted in this Sirius Decision blog post in which she responds to questions about employee LinkedIn use and other social media websites. The post focuses on establishing company guidelines for online behavior and networking.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 19: Changes in Employment Status under the Look-Back Measurement Method

August 18, 2014 | Blog

An earlier post explained the two principle methods—the “monthly measurement method” and the “look-back measurement method”—available to applicable large employers to identify full-time employees for purposes of determining exposure for “assessable payments” under the Affordable Care Act’s employer shared responsibility rules.
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Law360: Rising Tide of FMLA Claims Unlikely to Recede, Attorneys Say

August 15, 2014 | Blog

Law360 recently quoted me in an article about the rise of FMLA lawsuits.
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Governor Christie Signs Scaled-Back Opportunity to Compete Act - New Jersey's Ban the Box Bill

August 12, 2014 | Blog

We previously wrote (here and here) about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process.
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A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

August 12, 2014 | Blog

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities.
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Do as I Say, Not as I Do: Even the Government Falls Victim to Wage and Hour Violations Sometimes

August 11, 2014 | Blog

Remember last fall when all we could talk about was the government shutdown?  The 16-day government shutdown captured the attention of a nation once again gripped by seemingly-manufactured political crisis.
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Colorado Federal Court Walks Back Rejection of ADEA Waiver in RIF Case

August 11, 2014 | Blog

In a previous post we discussed Foster v. Mountain Coal Company LLC, the District of Colorado’s decision invalidating a waiver of an employee’s claims against his employer under the Age Discrimination in Employment Act (ADEA) after the employee was terminated in connection with a reduction in force (RIF).
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Two All-Beef Patties, Special Sauce, Lettuce, Cheese, Pickles, Onions, on a Sesame Seed Bun – NLRB Rocks Franchise World by Authorizing Complaints Against McDonald’s as a Joint Employer; Signals Significant Step Toward Broadening the Joint Employer Test

August 11, 2014 | Blog

The National Labor Relations Board is attempting to expand the reach of the National Labor Relations Act once again – this time the NLRB’s Office of the General Counsel authorized formal complaints against McDonald’s USA, LLC, despite the fact that the alleged unfair labor practices occurred in restaurants owned by franchisees, and not McDonald’s.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 20: 9.5% ≠ 9.56% (And Why It Matters to Applicable Large Employers)

August 11, 2014 | Blog

While employers sometimes view the Affordable Care Act’s employer shared responsibility (or “pay-or-play”) rules in isolation, they don’t operate that way. Instead, they exist side-by-side with other provisions of the Act.
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A Terrible, Horrible, No Good, Very Bad Year: President Obama Targets Federal Contractors Again, This Time on Labor Law Compliance

August 7, 2014 | Blog

Federal contractors must be straining their necks to see if they have an actual target on their backs. Last week, President Obama signed an executive order that requires federal contractors to disclose labor and employment law violations dating back three years.
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Revenge Porn: A Disturbing Picture

August 6, 2014 | Blog

I recently wrote an article for SHRM's HR Magazine about Revenge Porn -- a vicious new way to smear someone’s professional reputation.
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Corporate Counsel: NLRB Boosts ‘Micro Units’ With Macy’s Decision

August 6, 2014 | Blog

My colleague Donald Schroeder is quoted in this Corporate Counsel piece in which he comments on the potential effects of the legalization of micro labor unions on employers and the unionization landscape as a whole. The article focuses on the July 22nd ruling by the National Labor Relations Board in support of micro union organization efforts in the retail industry.
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