Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Wage-Hour

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Christmas won’t be merry for these employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Harassment, Labor Relations, Lactation, Pregnancy, Wage-Hour
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!  Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he … Continue Reading

5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers… Continue Reading

Planning your workplace holiday party? Read this first!

Posted in Discrimination, Harassment, Safety, Sexual Torts, Uncategorized, Violence, Wage-Hour
Yeah, yeah – I know it isn’t even Thanksgiving yet, but you are planning your holiday party now, and you want answers to your burning questions while you still have time to do something about it. And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on “How … Continue Reading

Adopt an arbitration program that covers class, collective claims

Posted in Alternative Dispute Resolution, Class actions, Wage-Hour
Guest post by Tommy Eden, a partner in Constangy’s Opelika, Alabama, and West Point, Georgia, offices. In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor Standards Act. … Continue Reading

Four reasons to be careful about contingent workers

Posted in Discrimination, Employment at Will, Harassment, Independent Contractor, Wage-Hour
In our insecure economy, temporary employees and independent contractors allow employers to get the work done while staying flexible enough to survive. But there are abuses, and dangers if employers misclassify workers, or if they keep their "temps" around so long that they become "perms" in reality if not in name. Here are four reasons to be very careful about how you use contingent workers… Continue Reading

Employers, don’t let that “protected” employee hold you hostage.

Posted in Evidence, Protected Concerted Activity, Retaliation, Wage-Hour
Kevin Kasten, the plaintiff from the 2011 Supreme Court case addressing retaliation based on an oral FLSA complaint, will get a jury trial. The latest decision contains valuable warnings for employers who don't want to be held hostage by employees who have pending charges or complaints of any kind… Continue Reading