Do you typically include a “no rehire” clause in your settlements with soon to be former employees? How about agreements with other companies that you will not “poach” each other’s employees? If your answer to either of those questions is yes, you should keep an eye on some New York legislation that could impact those
New Administration, New DOL Approach: Department Pulls Back Trump Rulemaking Limitations
With the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind the Trump DOL’s prior rule. The result will likely be less public involvement in DOL guidance.
Background
The Whistleblower’s Show Can Go On: Georgia Supreme Court Allows Complaint to Proceed Despite Inconsistent Bankruptcy Filing
Your former employee sues you, but your employee-plaintiff filed for bankruptcy. You diligently research the bankruptcy filings and discover the employee did not disclose the lawsuit against you in those filings, which are sworn to under oath. You might have a winner to get out of the case, right? Well, it is not quite that
Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment
How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and Reemployment Act (USERRA) says employers must reinstate an employee returning from military leave and if, as in
We Got the PPP Loan — What Do We Do Now?
So, you are one of the fortunate ones who received a payment from the government for the Paycheck Protection Program (PPP) – how do you get that loan amount forgiven? The quick answer is that you need to use at least 75% of the loan to pay employees, meeting the PPP’s goal to keep as
It’s What I Said Before: DOL’s Opinion Reversal Does Not Sway Arkansas Federal Court
When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court change its ruling? No — not according to a federal judge in Arkansas.
DOL Opinion Letters
As background, the DOL issues opinion letters as a means to provide guidance for Fair Labor Standards Act
Update: Maximum Ending for Alabama Minimum Wage Suit? Eleventh Circuit Affirms Lower Court’s Dismissal of Case Dealing with Inflation of Minimum Wage, But Is It the End?
Ever wonder what happened with the minimum wage fight that has been going on between Alabama and Birmingham? Well, here is the latest — the full panel on the Eleventh Circuit has now spoken: the district court rightly dismissed the lawsuit against Alabama’s governor and attorney general alleging discrimination in the state’s minimum wage law.
Sunday May Still Be Sacred: Texas Jury Sides with Employee Who Chose Church Service Over Work
If an employee misses work to attend church on Sunday morning and the company subsequently fires her, is that religious discrimination? A jury in Texas recently said yes and awarded the plaintiff close to $350,000. The verdict is a reminder to employers to remember your religious accommodation obligations.
Trouble with supervisor and work scheduled for
The Door Gets a Little Wider: D.C. Circuit Rules Employee-Plaintiff Can Get Comparator Discovery to Prevent Dismissal of Case
If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the district court granted summary judgment and did not let the plaintiff take discovery on how
Bag the Gag Provision: New Jersey Is the Latest State to Restrict Non-disclosure Agreements in Settlements
You finally settled that tough discrimination or harassment claim. Now you just need to ink the settlement agreement, and obviously it will include a standard non-disclosure clause to prevent your claimant from ever talking about the events or settlement amount ever again – right? Well, depending on the state you are in, not so fast.