News and Events for Attorneys and Executives

Labor

Investigating Discrimination Complaints: Some Special Considerations

Insight
The investigation of discrimination complaints requires sensitivity to some special considerations that will not always apply to other complaints, according to an article published by Lynch Service Company.

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Disparate Treatment and Disparate Impact Are Tests for Discrimination

Disparate Treatment and Disparate Impact Are Tests for Discrimination

Insight
Disparate treatment and disparate impact are two very different types of employment discrimination that use two very different tests to determine if illegal discrimination has occurred and if an employer may be liable for such discriminatory conduct, according to an article published by Lynch Service Company.

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Last-Minute Block of Overtime Rule Means Uncertain Future for Many Businesses

Last-Minute Block of Overtime Rule Means Uncertain Future for Many Businesses

Insight
Businesses that have not yet implemented changes now have breathing room to wait for a final ruling from the courts. However, those that have already altered employee pay should think carefully before reversing already announced pay changes.

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Employers: Don’t Make Promises You Can’t Keep

Employers: Don’t Make Promises You Can’t Keep

Insight
Laura Bartlow of Zelle LLP writes in a post on JDSupra that the very first item on her list of rules for employers is this: Don’t make promises to your employees that you can’t or won’t keep.

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NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech

News
A recent decision by the National Labor Relations Board attempts to define further the boundaries of protected speech under the National Labor Relations Act, reports Seyfarth Shaw in its Employment Law Lookout blog.

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Littler Adds Two Shareholders to Kansas City Office

News
Littler has added Jeffrey D. Hanslick and Curtis R. Summers as shareholders in the Kansas City office. The addition follows the arrival of shareholder Anthony Romano who joined the firm’s Kansas City office in August.

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Newly Organized Employer Must Bargain Discretionary Employee Discipline Pre-First Contract

Insight
Jackson Lewis reports that, prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or discharge) on any of those employees, the National Labor Relations Board again has held.

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Webinar: How to Comply with New FLSA Requirements

Webinar: How to Comply with New FLSA Requirements

Event, Sept. 22, 1 p.m. EDT
New Fair Labor Standards Act (FLSA) regulations will go into effect on Dec. 2, updating the salary and compensation levels for exempt employees, impacting millions of salaried workers.

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U.S. Appeals Court Strikes Down Ernst & Young Class Action Waiver

News
The court found that the arbitration agreement violated the National Labor Relations Act by making workers arbitrate work-related claims as individuals in separate proceedings.

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Peter Asaad Joins Quarles & Brady’s Labor & Employment Practice Group

Peter Asaad Joins Quarles & Brady’s Labor & Employment Practice Group

News
Peter F. Asaad has joined Quarles & Brady’s Washington, D.C. office concentrating on immigration in its Labor & Employment Practice Group.

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Labor & Employment Partner Frederick Schwartz Joins Barnes & Thornburg

Labor & Employment Partner Frederick Schwartz Joins Barnes & Thornburg

News
Frederick Schwartz has joined Barnes & Thornburg as a partner in the Labor and Employment department in Chicago. He is the is the seventh partner and 12th attorney overall to join the firm’s growing office this year.

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Unions, Ledbetter Warn of Supreme Court Implications of Election

Unions, Ledbetter Warn of Supreme Court Implications of Election

News
Donald Trump’s power to nominate Supreme Court justices if elected to the White House is a threat to women workers, equal pay advocate Lilly Ledbetter and two union officials said, according to a report by Bloomberg Law.

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Webinar: What’s Next for FLSA Compliance: Proven Strategies to Minimize Risk

Event, August 25, 2 p.m. EDT
HR Daily Advisor will present a complimentary webinar discussing what the overtime changes mandated by the U.S. Department of Labor FLSA mean for employers and recommend strategies for meeting these new challenges.

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Companies Can’t Contract Around WARN Act Sale of Business Exception

Insight
Parties to a corporate transaction should be aware that WARN liabilities are governed by statute, and the implications of WARN obligations and the sale of business provision of WARN must be carefully evaluated, according to Epstein Becker & Green.

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Wearable Technology That Monitors Workers Could Lead to Legal Problems for Employers

Wearable Technology That Monitors Workers Could Lead to Legal Problems for Employers

News
Some labor lawyers are concerned about unintended legal consequences of the use of wearable electronic monitoring devices in the workplace.

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NY Attorney General Sends a Message: Re-Think Non-Compete Agreements

NY Attorney General Sends a Message: Re-Think Non-Compete Agreements

Insight
Barbara E. Hoey and Dustin E. Stark of Kelley Drye’s Labor and Employment group have a warning for New York employers – your non-compete agreements may be under attack.

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Employee Pay and the Bankruptcy Stay – Potential Pitfalls for Employers

Employee Pay and the Bankruptcy Stay – Potential Pitfalls for Employers

Insight
Businesses need to have written protocols in place to deal with bankruptcy filings by their employees and independent contractors, or they risk serious sanctions and, potentially, punitive damages for violations of the bankruptcy laws, according to a report in Hunton & Williams’ Employment & Labor Law Perspectives blog.

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Foley Adds Labor & Employment Group in Boston

News
James Nicholas and Donald Schroeder joined the firm’s Boston office as partners in the Labor & Employment Practice. In addition, Jill Collins joined Foley as an associate in Washington, D.C. and Erin Horton as an associate in the Boston office.

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FedEx Agrees to $240 Million Settlement With Drivers in 20 States

FedEx Agrees to $240 Million Settlement With Drivers in 20 States

News
FedEx Ground Package System Inc. has agreed to pay drivers in 20 states $240 million to settle lawsuits claiming the second-largest U.S. parcel delivery company misclassified them as independent contractors, it said on Thursday, according to a Reuters report.

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Computer Use Policies – Are Your Company’s Illegal According to the NLRB?

Computer Use Policies – Are Your Company’s Illegal According to the NLRB?

Insight
The National Labor Relations Board has continued its assault on businesses and their ability to legitimately protect their computer systems and information against unauthorized non-business use by employees, writes Shawn E. Tuma, in Cybersecurity Business Law.

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