Employment litigation is costly and disruptive, and when a single complaint turns into a class or collective action, the stakes go up exponentially. With its recent ruling in Comcast v. Behrend, the U.S. Supreme Court provided another line of defense against class certification.
In Farmer v. The Phillips Agency, the U.S. District Court for the Northern District of Georgia denied a plaintiff's motion to certify a class action, under the Fair Credit Reporting Act, consisting of all individuals who had been the subject of an adverse criminal-background report, whether accurate or inaccurate, generated by defendant The Phillips Agency.
Attorney Howard Mavity Discusses Leading and Lagging Indicators and OSHA
Quoted: “Survey Offers a Glimpse Into the Safety Culture of General Contractors”
Many viewed last November’s presidential election as a pivotal moment for employers. The Affordable Care Act (ACA), comprehensive immigration reform and the future makeup of the U.S. Supreme Court hung in the balance.
- The Threat Within: Protecting Your Dental Practice From Unfair Competition By Former Employees: Part II4.10.13
Part 1 of "The Threat Within" addressed the best preventive steps a dental practice should take to prepare for an employee's departure when that employee seeks to compete with the practice. This article examines what steps to take right after an employee comes into a practice administrator's office and says, "I'm leaving and I'm going to the practice three blocks away."
November’s presidential election made it clear that the Affordable Care Act would, indeed, be the law of the land. Early the day after the election, phones at our law office started ringing. The question on callers’ minds: Should my company “play” by providing employees “affordable” health insurance coverage, or should we pay the penalty of $2,000 per employee per year beginning in 2014?
The Equal Employment Opportunity Commission (EEOC) recently issued Enforcement Guidance (Guidance) on arrest and conviction records in employment decisions. Employers need to revise their use of criminal background checks in light of this Guidance.
Some employers encourage piercings, tattoos and rainbow hair colors, believing that an employee’s self-expression is good for morale and good for business.
In Farmer v. The Phillips Agency, 285 F.R.D. 685 (N.D. Ga. 2012), the U.S. District Court for the Northern District of Georgia denied a plaintiff's motion to certify a class action under the Fair Credit Reporting Act (FCRA) consisting of all individuals who had been the subject of an adverse criminal background report, whether accurate or inaccurate, generated by the defendant, The Phillips Agency.
The U.S. Supreme Court, on March 27, 2013, rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding damages on a class-wide basis.
In recent years, many high-profile workplace harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations.
There’s no legal requirement that an employer adopt and maintain a dress or appearance policy, and many employers are hesitant to impose strict guidelines for fear of encroaching on employees’ freedom to express themselves.
March Madness is here again. The brackets, the excitement, the employment law issues! Yes, many employers find that the annual NCAA basketball tournament goes hand-in-hand with employment law because, unfortunately, one of the most exciting sporting events of the year can also be the most problematic for employers.
Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional co-workers – Roger Sterling, Pete Campbell, Joan Harris, Bert Cooper, etc. – for the better part of a decade.
As the result of a little-noticed amendment contained in 2010′s Patient Protection and Affordable Care Act, the federal Fair Labor Standards Act’s Section 7(r)now requires covered employers to give unpaid break time to a worker for the purpose of expressing breast milk for her nursing child.
More than 70 percent of employers conduct criminal background checks, and as many as 90 percent check the criminal background of employees applying for certain positions
How many times have employment litigators reviewed the plaintiff's personnel file and thought that an otherwise challenging case could be much more readily dispatched at the summary judgment stage, “if only?"
Employers frequently use restrictive covenant agreements to prevent their employees from competing for a certain period after employment. One common provision in such an agreement is a non-compete provision, which prevents an employee from performing certain competitive acts in a given territory for a stretch of time after employment.
Employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for input by management-side employment lawyers.
Last June, Assistant Secretary of Labor Dr. David Michaels issued a memorandum stating that “a company whose incentive program has the potential to discourage worker reporting fails to meet the Voluntary Protection Programs (VPP) safety and health management system requirements.”
The last few years have brought an explosion in the number of lawsuits against employers for wage and hour violations. This article is the first part of a two-part series that offers practical tips to dental practices to help them comply with the federal wage and hour laws, and to minimize their exposure to lawsuits.
The past decade has seen this country's biggest deployment of troops since World War II. Thousands of veterans have already returned home and thousands more will be returning soon.
Query: a plaintiff sues under Tennessee law, claiming unlawful employment discrimination because of his creed: he is a vegan. What does a court do with this?
- The Threat Within: Protecting Your Dental Practice From Unfair Competition By Former Employees: Part I2.13.13
Practice administrators know their obligations under HIPAA, they have thought through issues of IT security, and they know to ensure that unauthorized individuals do not gain access to private records
- California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims2.11.13
On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer has proved by a preponderance of evidence that it would have made the same decision to terminate that individual for lawful reasons. The legal impact of the much-anticipated decision is far reaching. Wynona Harris v. City of Santa Monica.
The U.S. Court of Appeals for the D.C. Circuit issued a ruling last week that has tremendous impact on businesses and labor relations.
Effective January 1, 2013, a new California law requires that employees entering into employment agreements which involve compensation, even in part, on a "commission" basis must be provided a written contract which sets forth the method by which the commission is computed and paid.
A California law enacted in 2011 requires that by January 1 of this year, whenever an employer enters into a contract of employment with an employee who is paid on a commission, the contract must be in writing and must be in writing and must set forth the method by which the commission shall be computed and paid.
Business owners, brace yourselves. Rather than ushering in a new year of opportunity, 2013 likely will continue the pattern of the last four years: Labor and employment laws have tipped the scales toward greater employer scrutiny and regulations, and that trend shows no sign of abating in the year ahead.
In April of 2013, the U.S. Department of Labor (DOL) is scheduled to announce regulations that will almost certainly increase the cost of employing individuals as home care aides who are considered “companions” under the Fair Labor Standards Act (“FLSA”).
Quoted: “Sick-Leave Policies for Flu Season and Beyond”
Trial lawyers have limited opportunities to learn about their opponents’ cases prior to the first day of trial. It is crucial that attorneys use these opportunities wisely and not waste them getting embroiled with meaningless, form-over-substance battles with opposing counsel, and talking, not listening.
You can't open the paper, turn on the TV or peruse a web site without hearing some staggering statistic about the flu. In one report, 70 percent of the American population is suffering from the flu — or just recovered. In fact, Boston and Chicago had to take dramatic action with Boston declaring a state of public health emergency and some Chicago hospitals turning patients to other facilities.
This kind of outbreak takes its toll on people and on business. How should employers handle it?
A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC") against a healthcare facility in Virginia highlights a legal liability to which nursing homes and other long-term care facilities are particularly vulnerable: harassment of employees by residents.
The Illinois House is considering joining the Senate in passing the Compassionate Use of Medical Cannabis Pilot Program Act. Does this mean that Cheech and Chong will descend on Illinois workplaces?
There is hardly a workplace left today where managers are not at least aware of the complicated and costly problems created by even a single incident of sexual harassment.