By John E. Thompson
The U.S. Department of Labor has announced another proposal to conduct a survey relating to “worker classification issues” under the federal Fair Labor Standards Act.
Readers may recall our posts about a similar Labor Department notice published earlier this year. Both proposals are almost certainly related to the DOL’s so-called “Right to Know” initiative that first surfaced in 2010. At that time, the agency spoke of requiring among other things an employer’s “notification of workers’ status” or “classification.”
The matter languished until this past January, when the first survey notice seemed to signal its revival. There were also glimpses of possible requirements, including: Read more…
The company known for their signature character, Mickey Mouse, is defending a class action claim based on questions about its background screening policies.
A lawsuit against the Walt Disney Co. was filed in the Superior Court of California on Nov. 1, 2013, and the complaint alleges that Disney’s policy for notifying applicants about background checks has violated the Fair Credit Reporting Act (FCRA).
The case is part of a bigger trend — the exponential rise in FCRA-based class action claims. The suits have been on the rise for a few reasons. Read more…
By Howard Mavity
OSHA has announced a proposed rule which will require establishments with 20 or more employees in certain industries with high injury and illness rates, to electronically submit their summary of work-related injuries and illnesses to OSHA every year.
The change may affect between 450,000 and 1,500,000 sites. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA. Read more…
By Eric B. Meyer
If I ever handled a plaintiff’s case again, at deposition, I would be sure to take a page out of the playbook of Texas employment lawyer Mike Maslanka:
Ask the manager who decided to fire the plaintiff whether he’s eligible for re-hire. An unprepared manager might blurt out, “Of course not; he’s suing us.” Say hello to a retaliation claim.
I thought of Mike as I read this recent Texas Court of Appeals case about an employer that admitted at trial that its receipt of EEOC right to sue letters “prompted” it to place the following notes on the Charging Parties’ personnel files: Read more…
By Eric B. Meyer
When the Americans with Disabilities Act Amendments Act (ADAAA) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (ADA) emphasized construing the definition of “disability” to provide broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
In other words, nowadays we’re all disabled.
However, if you’re going to take your employer to trial on a disability discrimination claim, you still need to show a “disability.” Read more…
With unpaid internship lawsuits popping up left and right, it’s a controversial time for both interns and intern employers everywhere. In fact, many are even sounding the death knell for internships altogether.
One internship program choosing to shut down rather than shape up is magazine publishing powerhouse Condé Nast.
To the shock of many, last month it became the first prestigious internship program to publicly close its doors to interns. The axe fell after the company lost a class-action lawsuit filed by two former interns claiming to have been paid less than $1 per hour during their time with the company. Read more…
By Eric B. Meyer
In the end, it wasn’t close at all.
By a final vote of 64-32, the Employment Non-Discrimination Act, also known as ENDA, passed the Senate on Thursday.
All 52 Democrats, plus 2 Independents and 10 Republicans voted in favor of the bill. Among the notable yes votes was Pennsylvania Republican Sen. Pat Toomey.
Indeed, minutes before voting yes on ENDA, Sen.Toomey saw his proposed amendment to the bill, which would have created exceptions for certain religious groups, defeated. Read more…
By Philip L. Gordon
With audio recording applications often standard issue on ubiquitous smart phones, employees are now armed with a relatively inconspicuous way to capture their supervisor’s every gaffe.
In September, a $280,000 jury verdict in favor of an employee on race and sex discrimination claims demonstrated just how damaging an audio recording can be in employment litigation. In that case, the plaintiff, who is African American, caught her supervisor, who is Hispanic, using the “N” word on tape, and the judge admitted the recording into evidence. Read more…
By Ilyse Wolens Schuman
The U.S. Senate voted 61-30 to allow a final vote on the Employment Non-Discrimination Act (ENDA) (S. 815) without the threat of a filibuster. All Democrats and seven Republicans voted in favor of proceeding.
Introduced by Sen. Jeff Merkley, D-Oregon, and co-sponsored by 55 others, ENDA would prohibit certain entities, including employers with 15 or more employees, from discriminating against individuals on the basis of actual or perceived sexual orientation and gender identity. Read more…