RSS icon

Top Stories

Legal Compliance

Another One Bites the Dust: NLRB Invalidates Confidentiality Policy

February 11, 2014
Comments (0)
Limiting discussion of trade secrets and other confidential, proprietary information is fine. Wages and other terms and conditions of employment, however, are off limits.
Read More

The Expanded Definition of Disability

February 9, 2014
Comments (0)
The EEOC’s move to broaden the number of people who may be entitled to ADA protections could increase an employer’s risk of a lawsuit.
Read More

Deterring the Wage-and-Hour Scofflaw

February 4, 2014
Comments (0)
Education on the FLSA, not stronger wage-and-hour laws, will help prevent wage theft issues.
Read More

Is Regular Attendance an Essential Job Function? It Depends.

February 3, 2014
Comments (0)
As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.
Read More

The Sandifer vs. U.S. Steel Decision

January 31, 2014
Comments (0)
The U.S. Supreme Court ruled that the time U.S. Steel employees spent putting on and taking off their protective gear is not compensable under their collective bargaining agreement.
Read More

A Lesson on Union Avoidance

January 29, 2014
Comments (0)
Do you know what to do if a labor union comes knocking at your door? Do you know what you can say to your employees if you hear the whispers of unionization floating through your workplace?
Read More

Are Temporary Impairments ADA-Protected Disabilities? You Bet.

January 28, 2014
Comments (0)
Disability discrimination cases no longer focus on whether an employee is legally disabled, but instead on whether an employer engaged the employee in the interactive process towards a reasonable accommodation.
Read More

When is 1,250 not 1,250? Hours Worked Versus Hours Paid for FMLA Eligibility

January 23, 2014
Comments (0)
Whatever time tracking and payroll system you use, it must have the ability to differentiate between time paid and time worked. It could likely save you from an FMLA claim if an employee is on the 1,250-hour bubble.
Read More

Separation of Protected Activity and Discipline can Shield Employers From Retaliation Claims

January 16, 2014
Comments (0)
You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.
Read More

Receiving a Requested Transfer as an Adverse Employment Action

January 15, 2014
Comments (0)
Is a transfer to the very same position, for which, just nine months earlier, an employee had applied, an 'adverse employment action' sufficient to support a claim of discrimination? Amazingly, the 6th Circuit answered, 'Yes.'
Read More