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The Department of Labor Issues Controversial New Persuader Rule, and its Reach Extends Beyond Just Union Organizing Campaigns

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 and…
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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 stati…
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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 of…
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Activist EEOC Seeks to Expand Title VII Coverage

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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 F…
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The Eleventh Circuit Wants Employers to Take Transgender Discrimination Seriously

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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 w…
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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 was…
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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 “coerced”…
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About the Wimberly, Lawson, Steckel, Schneider & Stine P.C Law Firm

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Wimberly, Lawson, Steckel, Schneider & Stine P.C. is a national law firm exclusively representing and advising management clients in all practice areas related to labor and employment law. The firm's clients range in size from Fortune 500 companies to small and medium-sized companies.
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