June 28, 2011| Blog
The Supreme Court's historic ruling in Wal-Mart v Dukes will make it more difficult for plaintiffs to pursue actions against employers on behalf of nationwide and other broad classes of employees. Read an excellent analysis of the decision here.
June 21, 2011| Blog
As we previously reported, the EEOC held a public meeting on June 8, 2011 to examine the use of medical leaves of absence as “reasonable accommodation” for employees’ disabilities. A total of six panelists participated in the hearing: two from the EEOC, two representing the interests of disabled workers, and two representing the interests of the business community.
June 7, 2011| Blog
On Wednesday June 8, the EEOC will hold a public meeting to examine the use of medical leaves of absence as “reasonable accommodation” for employees’ disabilities.
May 11, 2011| Blog
On May 9, 2011, the US Department of Labor launched a smartphone "app" to help employees track hours worked and break times, and to calculate regular wages and overtime. Data collected may be viewed in daily, weekly, and monthly formats, and can be sent with wage data as an attachment to an email.
Firing of Teacher's Union Activist for Viewing Porn in Violation of School District's Computer Usage Policy Upheld in Face of First Amendment and Other Challenges
May 9, 2011| Blog
67 seconds of viewing porn . . . That’s all it took to get a high school biology teacher and former teacher’s union president, Robert Zellner, fired- 67 seconds of viewing porn. Why is this news? Because Mr. Zellner sued, claiming that he was actually terminated because of his union activities and not because he viewed porn from his school-owned computer.
May 9, 2011| Blog
In a decision that likely surprised no one but the plaintiffs, on May 3, 2011, the United States Circuit Court of Appeals for the Ninth Circuit held that Boeing was within its right to fire two employees who complained to the media about practices they viewed as potential violations of the Sarbanes-Oxley Act (“SOX”).
March 22, 2011| Blog
If one thing was made clear in a recent seminar sponsored by BNA that included panelists who are former U.S. Department of Labor officials, the enforcement of labor laws as they relate to the classification of service providers as employees or independent contractors is on the rise – as could be expected when both the federal government and states are starved for revenue.
February 16, 2011| Blog
Last year, New York nearly became the first state to pass a law protecting employees against workplace bullying. The New York State Senate passed the bill in May 2010 by a wide margin, but the following month, the New York Assembly Labor Committee voted to “hold” it in committee, effectively killing its chances at passage in 2010.
October 25, 2010| Blog
On October 20, 2010, the Equal Employment Opportunity Commission held a hearing on employer use of credit history as tool to screen candidates for employment.
October 18, 2010| Blog
On September 30, 2010, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a non-profit social services agency, claiming that the agency had discriminated against an employee on the basis of her disability—severe obesity.
EEOC Suit Against US Steel Serves Highlights Union's Complicity in Allegedly Unlawful Testing of Employees
October 11, 2010| Blog
As recently reported in Employment Law 360 (subscription required), the EEOC sued US Steel alleging that certain of its alcohol testing practices violate the Americans with Disabilities Act.
June 24, 2010| Blog
In an Administrator’s Interpretation issued on June 22, 2010, The U.S. Department of Labor (DOL) has "clarified" the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it applies to an employee standing in loco parentis to a child. The result is to significantly expand the universe of caregivers entitled to FMLA leave.
June 23, 2010| Blog
In the long awaited case of City of Ontario v Quon, the Supreme Court has ruled that city officials could search the personal text messages sent on text devices owned by the city and provided to certain employees for business use.
Hospitals and Other Healthcare Providers May be Subject to the OFCCP's Affirmative Action and Other Requirements
June 23, 2010| Blog
Many hospitals and other healthcare providers are government contractors, and must comply with various laws and regulations enforced by the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), but don't realize it.
June 23, 2010| Blog
The New York State Joine Enforcement Task Force on Employee Misclassification has been hard at work and reports that it has uncovered more than 12,000 instances of misclassification and recovered more than $400 million in unpaid wages.
June 18, 2010| Blog
See this interesting write-up of the Supreme Court's decision in the text message privacy case, City of Ontario v Quon.
Answers to Employers' Frequently Asked Questions re Health Care Reform's Impact on Employee Benefits.
April 19, 2010| Blog
See this recent Mintz Levin advisory answering some "FAQs" on health care reform's impact on employee benefits.
Health Care Reform Amendments to FLSA Require Break Time and Private Place for Nursing Mothers to Express Milk
April 15, 2010| Blog
Health care reform impacts employers in many significant ways. While the effects of reform on insurance coverage and other requirements have been widely publicized, much less well-understood are various amendments to the Fair Labor Standards Act (FLSA).
April 13, 2010| Blog
On April 1, 2010, the United States Department of Labor launched a new, nationwide marketing campaign, dubbed “We Can Help,” to let workers know how to contact the government with their work-related complaints. The marketing campaign, which is being conducted in several different languages, is intended to connect workers with the Department of Labor.
2d Circuit Ruling Gives Employers Additional Incentive to Ensure Their Complaint Channels Remain Open and Are Effective in Fact
March 14, 2010| Blog
The Second Circuit Court of Appeals recently reversed an order of summary judgment for JetBlue Airways Corp. on a former employee’s sexual harassment claim in Gorzynski v. JetBlue Airways Corp.
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