Showing 6 posts from April 2014.

Joint and Successor Liability may be Imposed Against Predecessor and Successor Employers for FLSA Violations

Employee was hired as an underwriter by mortgage company A and was immediately assigned to a training led by a representative of a mortgage company B. Shortly thereafter, employee and many of her colleagues were asked by their supervisors to fill out job applications for mortgage company B. Despite the transfer, employee performed the same duties, received the same pay and had the same supervisors as when employed by mortgage company A. Some of employee’s colleagues continued to receive paychecks from mortgage company A. More ›

Sixth Circuit Rules that Revised Arbitration Agreement did not Apply to Pending Class Action

A call center employee had signed a contract with the employer to arbitrate any employment disputes, but the arbitration contract only covered individual claims and not class actions. In January 2012, he filed a class action wage and hour complaint alleging that his employer failed to pay its employees for time spent logging in and out of their phone systems each work day.  More ›

EEOC Fails Again in its Effort to Bring a Disparate Impact Claim Based on Background Checks

The EEOC recently filed suit against an education corporation for discrimination in violation of Title VII of the Civil Rights Act of 1964 arguing that the employer's use of criminal and credit background checks for applicants had a disparate impact on racial minorities. More ›

Florida Supreme Court Holds that State law bars Pregnancy Discrimination

The front desk manager of a residential property became pregnant and, shortly thereafter, believed that her employer began discriminating against her on that basis. More ›

New San Francisco law Limits Employer Background Checks

Employers with locations in San Francisco should be aware of a new law enacted by the city that will limit the use of criminal background in vetting employees and applicants. The following will provide a brief summary of the new law and what employers must do to comply. More ›

NLRB Finds Policy Requiring Employees to Represent Employer in a “Positive and Professional” Manner is Unlawful

In a decision issued earlier this week, the National Labor Relations Board ruled that portions of an employer’s standards of conduct policy were unlawful because they could be reasonably construed to prohibit employees’ right to engage in protected activity under the National Labor Relations Act. The decision can only be described as the most recent in an increasingly long series of these cases, in which the Board has consistently found that language thought by an employer to be reasonable and appropriate actually violated the Act. More ›