by Tammy Binford
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges.
The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of...
A recent case from the U.S. 5th Circuit Court of Appeals (whose rulings cover all Texas employers) illuminates a fundamental tenet of employment law—namely, the prima facie (minimally sufficient) case. And like a...
This Texas case could be called “A Tale of Two Bonuses.” An employee received one from his employer but not the other. The reason why is instructive. Bonus #1 vs. bonus #2 Nicholas Scarsella went to work for Texstars...
Is an employee who makes $200,000 per year eligible for overtime? In two words: You bet. The U.S. Supreme Court ruled a day-rate employee wasn’t exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements in...
Q: We have a foreign-born employee who has been waiting for an appointment to renew her work authorization since November 2022, but it has now expired. How long can we allow her to take a leave of absence? Or would it be...
Q A background check for a job candidate revealed a “pending” misdemeanor case. Can we ask them to reapply in the future once the case has been resolved? It’s up to you. Employers may ask an applicant about their...
Q What is an employer’s obligation to pay an employee who has to miss work because of a subpoena that isn’t job-related? Is it similar to jury duty leave? In Mississippi, there isn’t a statute requiring an employer to...
Q Can an employer require employees to come into work during inclement weather, especially essential employers (i.e., hospitals) that don’t close during emergencies? Inclement weather is a forgone conclusion in...
The Seattle City Council became the first U.S. jurisdiction to identify caste as a protected class under its Human Rights Code on February 21, 2023, when it passed CB 120511, “An Ordinance Relating to Human Rights...
It’s no secret that employers of varying sizes and industries have long favored the use of noncompetition agreements as way to protect their businesses from employees leaving to work for competing organizations. Recently...
Courts have been mixed regarding the enforceability of arbitration provisions in Employee Retirement Income Security Act (ERISA) retirement plans since the U.S. 9th Circuit Court of Appeals’ 2019 decision in Dorman v...
Many employers labor under the misconception that a highly paid employee is necessarily exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). After all, the FLSA was enacted in 1938 to protect low...
On February 21, the National Labor Relations Board (NLRB) ruled that overbroad nondisparagement and nondisclosure provisions in severance agreements are an “unfair labor practice” in violation of Section 7 of the...
Even employers with good intentions can misunderstand what it takes to legally classify employees as exempt. Unfortunately, when it comes to wage and hour violations, ignorance isn’t bliss, especially in Massachusetts...
Thanks to a recent ruling by the U.S. 9th Circuit Court of Appeals, Alaska Airlines now faces a jury trial in a class action claim that it discriminated against pilots who took military leave. Background The Uniformed...