Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Wage-Hour

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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

This week in labor and employment law – Marx Brothers Edition

Posted in Americans with Disabilities Act, Civil Procedure, Class actions, Discrimination, Harassment, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
It's been another zany week or so in the world of labor and employment law, rivalling Groucho, Harpo, Chico and Zeppo. Pepsi bottling pays $3.13 MM for race discrimination, "garden variety emotional distress," NLRB two-man panel nixes arbitration agreement, Obama and GOP outmaneuver each other on "recess" appointments, Lutherans win big, un-"PC" librarian loses… Continue Reading

Employment law leftovers: Best of 2011, what’s up for 2012, and resolutions

Posted in Americans with Disabilities Act, Discrimination, GINA, Harassment, Independent Contractor, Labor Relations, Retaliation, Social media, Wage-Hour
I always think the leftovers from a holiday meal are the best part, don't you? Here are some yummy New Year's "leftovers" from the HR and employment law blogworld, followed by suggested New Year's resolutions for employers and employees so that we'll be fit and frisky for … Continue Reading

Happy *hic* New Year! 2011 labor and employment law year in review

Posted in Affirmative Action, Americans with Disabilities Act, Class actions, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Independent Contractor, Labor Relations, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
Here is a whimsical and moderately amusing catalog of the major employment and labor law developments from 2011. (I just heard that the world really isn't going to end on 12/21/12. What's with that? You mean we have to do this again next year?)… Continue Reading

Employers, don’t be too quick to take that IRS “independent contractor” deal

Posted in Affirmative Action, Independent Contractor, Safety, Wage-Hour
You know the old saying, "If it seems too good to be true, it probably is"? This may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who agree to reclassify their "independent contractors" [sic] as "employees" in exchange for some admittedly generous tax breaks… Continue Reading