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Employment Law

Unofficial off-the-clock rule spells class-action trouble

06/21/2018
What happens if there is an unwritten rule among supervisors that workers must come in early to set up and prepare for work before they’re allowed to log into the time-keeping system? That’s a recipe for a class-action FLSA lawsuit.

EEOC flexes muscle with 5 harassment suits

06/21/2018
The EEOC wants to make it clear: Regardless of which way the political winds blow, it still takes workplace harassment seriously.

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

EEOC revives task force on sexual harassment

06/21/2018
The EEOC has reconvened its Select Task Force on Sexual Harassment in response to the momentum generated by the #MeToo movement.

Business pushes NLRB for strict definition of joint employment

06/19/2018
A coalition of business groups is weighing in ahead of a new rule on joint employment expected to be issued later this year by the National Labor Relations Board.

If Congress flips, expect FLSA OT threshold rewrite effort to stall

06/19/2018
Democratic wins in November’s midterm elections could influence the HR agenda on Capitol Hill, according to Michael Aitken, vice president of government affairs at the Society for Human Resource Management.

Netflix premieres new anti-harassment policies

06/19/2018
Workers on Netflix film production crews in the United Kingdom aren’t supposed to look at one another for longer than five seconds, according to new anti-harassment guidelines first reported by the British tabloid “The Sun.”

Supreme Court sides with employers on arbitration class action waivers

06/14/2018
In May, the U.S. Supreme Court ruled 5-4 that employers may include language in arbitration agreements that bars employees from filing class-action lawsuits to resolve employment disputes. It’s a huge win for employers.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.

Lawsuits filed against Queens principal cost city $600,000

06/14/2018
The city has paid $605,000 since 2013 to settle four lawsuits accusing Howard Kwait of sexual harassment.