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Employment Law

Big win for Uber: Drivers are contractors

04/19/2018
A federal court in Pennsylvania has handed a big win to employers in a case that hinged on whether Uber drivers are properly classified as independent contractors instead of employees.

Ring confirmed for NLRB, is immediately appointed chair

04/17/2018
The Senate confirmed employment lawyer John Ring to fill the last remaining vacancy on the National labor Relations Board. The next morning, President Trump announced Ring would become chair of the NLRB. Republicans again hold a 3-2 majority on the board.

Snapshot: Where does most sexual harassment happen?

04/17/2018
About two-thirds of women who say they have been sexually harassed say it happened at work.

Document all details about employee discipline

04/16/2018
It’s impossible to predict which employee will sue and why. That’s why you must carefully document every disciplinary action, including enough specific information to later justify those decisions.

Emerging issues affect how to handle trade secrets

04/16/2018
The U.S. Department of Justice has announced plans to file criminal charges against employers that collude to fix wages or not hire one another’s workers under “nonpoaching agreements.” As a result, employers are more likely than ever to either have their trade secrets compromised or face liability for knowingly or unknowingly possessing a competitor’s confidential information.

Challenge based on arbitrator’s bias fails

04/16/2018
A federal court has concluded it doesn’t have the right to disqualify an arbitrator from hearing a case before a decision has been made. It’s another indication that courts aren’t eager to micromanage arbitrations.

The fact of pay bias matters, not what motivates it

04/16/2018
Employees suing under the Equal Pay Act who can prove that they held a substantially similar job but were paid less than a member of the opposite sex don’t have to prove that the employer intended to discriminate.

Employee fired shortly after filing complaint? Brace yourself for a retaliation lawsuit

04/16/2018
An employee who complains about perceived discrimination may be wrong, but filing a complaint still counts as protected activity. If she files an EEOC complaint or a lawsuit, firing her shortly after she complains is just asking for a retaliation claim.

Make sure employees follow all the rules when requesting FMLA leave

04/16/2018
The first in-person treatment with a health care professional must take place within seven days of the initial illness or injury that rendered the worker incapable of performing his job. Otherwise, the regulations assume the condition isn’t a serious health condition. Thus, the worker would not be entitled to FMLA leave.

No anonymous employment lawsuits allowed

04/16/2018
Sometimes, filing a lawsuit and airing dirty laundry in a public forum can be embarrassing and uncomfortable for an employee. That doesn’t give her the right to bring the case using a pseudonym, a federal court has ruled.