Articles
The Department of Labor Issues Controversial New Persuader Rule, and its Reach Extends Beyond Just Union Organizing Campaigns
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On March 23, 2016, the Department of Labor released a rule requiring companies to disclose when they seek advice from outside consultants on a variety of matters involving employees. The so-called "Persuader Rule," first proposed in 2011, amends the federal Labor Management Reporting and Disclosure Act (LMRDA) to require detailed reports from employers an...
U.S. Supreme Court Ruling In Tyson Foods Could Result in More Class and Collective Actions
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Last week, in Tyson Foods, Inc. v. Bouaphakeo et al., No. 14-1146, the United States Supreme Court ruled that class and collective action plaintiffs can establish liability through statistical or "representative" evidence, as opposed to individualized assessments of employees. In the Tyson Foods case, the Court allowed the plaintiff-employees to use a sta...
Looking Back to Look Forward: the Obama Administration’s Record on Wage/hour Enforcement and What It Means for Employers
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It's inevitable, as an administration draws to a close, for each President to think of his (or, one day, her) legacy and review their achievements. The Wage and Hour Division has just conducted a review of its activities since 2009, and here are the highlights:
1.7 million workers have been "helped:" in other words, they have been awarded some amount o...
As we discussed in our last blog post, the Eleventh Circuit Court of Appeals, which encompasses Georgia, Alabama, and Florida, now recognizes harassment on the basis of transgender status as a violation of Title VII. Currently, there are two cases pending before the Eleventh Circuit, Evans v. Georgia Regional Hospital and Burrows v. the College of Central...
A recent decision out of the Eleventh Circuit Court of Appeals, the federal appeals court that covers the states of Georgia, Alabama, and Florida, is a wake-up call to employers about the issue of discrimination of a transgender employee. The case, Chavez v. Credit Nation Auto Sales, LLC, --- Fed.Appx. ---- (2016), involves a transgender auto mechanic who...
Doing the Write Thing: The Value of Getting a Signed Written Statement from a Complainant in a Sexual Harassment Investigation
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Our Firm recently finished defending a sexual harassment case in federal court, and the final result was a defense verdict on all counts. The case was brought by a woman who claimed she was subjected to a multitude of sexual remarks in the workplace. The company had a written sexual harassment policy and complaint procedure, and one point of contention wa...
Self-Preservation: The Importance of a Retention Policy for Company Documents and Electronically Stored Information
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No company likes to receive an EEOC Charge. This EEOC charge contained detailed allegations of sexual harassment by a male supervisor toward a young female employee. Not only does the charge allege that the supervisor made inappropriate comments and unwanted advances, but the charge also alleges that he took advantage of the female financially; he “coerce...
Top 10 Content (All-Time)
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OSHA Regional Emphasis Program for Poultry Processing Facilities
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Union Fines Employee $22,000.00 for Crossing Picket Lines
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GOVERNMENT Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real
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OSHA ALERT: OSHA Regional Emphasis Program Targets Southeastern Poultry Processing Facilities
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NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful
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DOL Proposes to Increase Salary Threshold for Overtime Exemption: Will It Raise Wages or Cut Hours?
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Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers
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Supreme Court Addresses Wage-Hour Collective Actions and Statistical Proof in Tyson Case
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AI Is Another Relevant Area of Employment Law Issues
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What Does It Take to Create a Hostile Work Environment? Apparently, a Single E-Mail Will Do