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Court Holds Statute of Limitations Equitably Tolled While Employee Pursued...
The ruling comes from California’s Court of Appeals for the Sixth District in Bain v. Tax Reducers, Inc. after extensive litigation following the plaintiff’s month-long employment with the defendant....
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Circuit Court to Weigh in on When Interns are Considered Employees
The U.S. Court of Appeals for the Second Circuit has granted two petitions to appeal trial court decisions in employment cases concerning whether interns qualify as employees and therefore are entitled...
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How to Avoid Retaliation Claims When Firing
Retaliation claims were the most frequent claims filed with the Equal Employment Opportunity Commission (EEOC) for 2012. There has been a sharp rise in retaliation claims since the 2006 Supreme Court...
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Drafting the Employee Handbook
Are you an employer? Then you should have an employee handbook. If you don't have one, now is the time to procure one. If you do have one, then now is the time to review your handbook to ensure it is...
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Do Your Employees Wear Clothes to Work?
If you don’t know, it could cost you. In the past few years, federal courts have seen an influx in “donning and doffing” lawsuits. These suits reflect a general discontent of employees that are not...
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DRI Online Communities
On May 21, DRI rolled out the new committee online communities. The new communities will enhance DRI’s web presence and will allow committee members to connect with each other and share information...
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First Amendment and Retaliation for Trial Testimony
Today, in Lane v. Franks, SCOTUS held in a unanimous opinion that “Lane’s sworn testimony outside the scope of his ordinary job duties is entitled to First Amendment protection.” And “the individual...
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Cases in SCOTUS's OT 2014 of Interest to Employment Law Lawyers
Pregnancy Discrimination Act:Young v. UPS. The issue in Young is " Whether, and in what circumstances, the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), requires an employer that provides work...
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New Domestic Violence Leave Law in Massachusetts
At the same time NFL Commissioner Roger Goodell faces tough questions about Ray Rice, a new domestic violence law went into effect in Massachusetts. Employers with 50 or more employees must now...
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Supreme Court to determine if Time Spent by Employees in Security Check is...
The U.S. Supreme Court has granted review of Integrity Staffing Solutions v. Busk to determine whether time spent by employees in a security check line constitutes work and is therefore compensable....
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Difficult Employees Are Not Disabled
Under the Americans with Disabilities Act (ADA), an increasing number of conditions are considered to be a disability resulting in expanded employee protections. This in turn places responsibility on...
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“Ban the Box” Comes to New York City: New Law to Limit and Regulate...
On June 10, 2015, the New York City Council passed the Fair Chance Act (“the Act”), which makes it unlawful for employers to inquire about an applicant’s criminal background during the initial stages...
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Pregnant Workers Provided Light Duty Accommodation
Over thirty-five years after Congress passed the Pregnancy Discrimination Act to amend Title VII of the Civil Rights Act, the United States Supreme Court decided that Employers must provide a light...
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Avoid Ageism in Promotional Practices
The Ninth Circuit recently reversed a summary judgment order issued in favor of the employer where during a promotional process, management had stated a preference to hire “younger, less experienced...
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Fourth Circuit Affirms Summary Judgment for Employer in Nurse’s Overtime Claim
Among the more frustrating nuances for employers in the wage and hour context is the potentially exempt status of registered nurses. The Department of Labor’s Fact Sheet #17N explains that “registered...
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