More frequently, employers are turning to arbitration agreements to keep lawsuits out of court and prevent the threat of run-away juries. Many arbitration agreements also contain class action waivers which require employees to bring any claims individually and not as a multi-party or class action. Federal courts have routinely upheld arbitration agreements with class waivers;
employment policies
Video Interview: Discussing What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers
Same-sex marriage is now legal throughout the United States. Now what? Immediate changes are being made on a federal level including federal IRS tax withholdings and the Family and Medical Leave Act (FMLA) to be sure that same-sex marriages are treated the same as heterosexual marriages.
The biggest change that employers need to be…
Make Sure Your Supervisors Know that Lactation Breaks Are Required by Law
Maybe once a year, I get a call from a client asking about what the law requires with regard to lactation breaks for nursing mothers. I tell them that § 207(r) of the Fair Labor Standards Act requires them to provide (A) break time for an employee to express breast milk for her nursing child…
The NLRB Expands Employee Protections Yet Again: Will There Be Anything Left Not Considered Protected Concerted Activity?
Continuing a trend we’ve reported on in previous blog posts, the National Labor Relations Board (NLRB) recently handed down yet another decision expanding the protections afforded to employees under the National Labor Relations Act (NLRA).
In Sabo, Inc., 362 NLRB No. 81, the NLRB held that Sabo, a vending-machine servicing company, illegally terminated…
President Obama Vetoes Congressional Resolution Aimed at Blocking the NLRB’s “Quickie Election” Rule
On March 31, 2015, President Obama used the fourth veto of his presidency to prevent passage of S.J. Res. 8, a congressional resolution aimed at blocking implementation of the NLRB’s “Quickie Election” Rule. The NLRB Rule, which will benefit organized labor by speeding up the union election process, is set to go into…
Union Avoidance in The Face of the NLRB’s New “Quickie Election” Rule
This past December, the National Labor Relations Board (NLRB) issued its Final Rule implementing an accelerated process for conducting union representation elections—the
“Quickie Election” Rule. The new regulations are to go into effect on April 14, 2015. Various trade groups, including the U.S. Chamber of Commerce, have already filed legal challenges seeking to invalidate the…