I don’t blog much about the Fair Credit Reporting Act. For those of you who aren’t familiar with FCRA, I suggest that you call an employment lawyer. Like … Read more
NLRB Revises Test For Independent Contractor Status
In a significant ruling which will benefit companies, the National Labor Relations Board last Friday revised the test it uses for determining whether … Read more
States Are Taking the Lead In Gender Equity Laws
As we discussed in a post following the November midterm elections, the outcome resulted in a divided Congress unlikely to pass significant employment … Read more
A Look Ahead at the Legal Issues For HR In 2019
This episode of Epstein Becker Green’s Employment Law This Week® features a recap of the biggest employment law trends from 2018 and a look ahead at what’s … Read more
Avoid Background Check Class Actions With Arbitration Agreements
Companies are increasingly faced with class actions for alleged violations of one of the “big three” —the Telephone Consumer Protection Act (TCPA), Fair … Read more
For Want of a Background Check, the Romance Was Toxic
Note: The following story about Robbie Romance is fictitious, told to illustrate the potential problems caused by a rush to hire and the lack of any … Read more
With Paid Leave Laws Expanding, You Need to Update Your Attendance Policies
Minnesota might not stand out as a trendsetter (plaid shirts aside), but three cities have recently jumped on the national trend of paid sick leave laws. … Read more
Whatever the Court Decides It Won’t End the Debate Over Class Action vs. Individual Arbitration
The interplay between arbitration agreements and employment-based class actions has been the subject of extensive and often conflicting legal opinions for … Read more
Here’s a Summary of Key Labor and Employment Laws Taking Effect In 2019
Editor’s Note: It’s an annual tradition for TLNT to count down the most popular posts of the previous 12 months. We’re reposting each of the top 30 … Read more
Don’t Wait For a Lawsuit to Close Your Pay Gaps
The era of employers avoiding public consequences for disparate treatment of women and minorities in the workplace is over. Employers that neglect internal … Read more
New California Employment Laws Expand Harassment Rules, Require Women On Boards
Seyfarth Synopsis: California Legislators sent Governor Jerry Brown 1,217 bills to consider in his final bill-signing period as Governor—more than any … Read more
Court Says It Could be Retaliatory to Fire An HR Manager For This Advice
A company admitted it fired an HR representative for encouraging another employee to file with the EEOC. Last week, the Eleventh Circuit Court of Appeals … Read more
Green Card Sponsors Planning a Reorg Need to Handle It Carefully
When sponsoring foreign national employees for employment-based “immigrant visas” or “green cards” (which grant lawful permanent residence in the US), … Read more
Uber Drivers Lose Class Action Effort as Court Upholds Arbitration Requirement
It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with … Read more
NLRB Issues Plan to Overhaul Joint Employer Rules
In a move that has been anticipated for several months, the National Relations Labor Board yesterday published a proposed rule that would fundamentally … Read more
A Look Ahead at the Legal and Market Forces Affecting Employment
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s … Read more
HR Worried A Dyslexic Would Fail, So She Was Fired
Do you know that proverb “no good deed goes unpunished”? This isn’t that situation. “There was no point in continuing the training.” Last week, the EEOC … Read more
A Look at the #MeToo Movement’s Impact In the US, Brazil and the UK
Since the #MeToo movement began in October 2017, hardly a week goes by without the hashtag making headlines. From Miss America pageants to proposed … Read more
California Employers Must Pay For Expected Off-the-Clock Time
California employers who regularly have their hourly workers do brief, after-hours tasks must pay them for the time, the state’s Supreme Court said … Read more
Appeals Court Says #MeToo Shows Employee Delay In Sex Harassment May Be Reasonable
In a July 3, 2018 opinion based in part on the revelations of the #MeToo era, the U.S. Court of Appeals for the Third Circuit held that an employee’s … Read more