When exploring class action waivers, weigh the economic impact of arbitrating individual claims versus litigating class or collective claims in court.
Articles by Rachel L. Schaller
The DoL has issued an opinion letter applying the six-factor test to evaluate whether a service provider is an employee or independent contractor.
Employers should notify their employees of their FMLA rights whenever an employee takes paid leave for an FMLA-qualifying purpose.
Employers should be aware that a hostile work environment can be created by unreasonable behavior on the part of a company’s customers.
All social media employment policies should recognize no adverse employment actions will be taken against employees for engaging in concerted activity.
It’s important that companies plan in advance for unfair competition scenarios.
Courts are dismissing cases where the employer attempts to sue a former employee for wrongful acts committed outside of the employer’s home state.
Public sector employers are subject to the ADEA and prohibited from discriminating against employees over age 40 based on age.
Employers should not ignore or minimize less serious incidents of sexual harassment, particularly where there is a pattern of misconduct.
Employers should re-evaluate their time-keeping policies and procedures to assure accurate employee compensation when performing job duties.