Articles dealing with child labor often involve minors working in sweatshop-type conditions outside of the United States. The conditions outlined in such articles are usually horrid — and rightfully condemned. In contrast,...more
Natural disasters such as wildfires in Maui, Hurricane Idalia, flooding in California, and excessive heat almost everywhere have taken a real human toll over the past few months. As the end of summer approaches, many...more
Timing really does matter. In a “first of its kind” decision arising from a Pennsylvania meatpacking plant and its COVID response, a federal appeals court has severely limited when a private person may sue for alleged OSHA...more
It’s Summer 2022 – and life is back to normal? Or is it?
While inflation remains high, the labor market remains tight. The Department of Labor’s most recent job report shows that 372,000 jobs were added in June, and...more
Employment issues will again take center stage at the U.S. Supreme Court on January 7. As we’ve reported, on that day the Court will hear appeals related to the OSHA Emergency Temporary Standard (ETS) and the Center for...more
Even as things come back to “normal” (or the “new normal”), the lingering effects of the COVID-19 pandemic will long be felt. One of those effects is the number of charges of discrimination and corresponding litigation being...more
In this divided political age, it is rare that a legislative body can agree on anything. It is rarer still to pass something unanimously. But the Florida Legislature found something ALL 145 members could agree on: the...more
In July 2020, the SAFE TO WORK Act (S. 4317) was introduced in Congress with the express purpose “to discourage insubstantial lawsuits related to COVID-19 while preserving the ability of individuals and businesses that have...more
COVID-19 has created unsettling and uncertain times. Information is critical in situations like this. We want to provide resources for you to remain informed on what the state and local governments in Florida are doing to...more
Two federal agencies dealing with employment issues, the Federal Trade Commission (FTC) and the Department of Labor (DOL), are considering or have already implemented new rules that will affect employers. The issues relate to...more
1/22/2020
/ Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Joint Employers ,
Non-Compete Agreements ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Unfair or Deceptive Trade Practices ,
Wage and Hour
Whether an employee leaves for another job or because the employer decided it was time for the employee to go, employers typically have to figure out how to replace a departing worker. ...more
Halloween has passed and we are now squarely approaching the holiday season. While this time of year brings many good things, it can also bring unwanted headaches for employers wanting to spread some “holiday cheer,”...more
Normally in this space we write about case developments after the case is decided. This time, though the story involves a mid-case development which led to a company firing an employee it fought hard to keep....more
The end of 2016 is a good time to review and consider a subtle shift in employment law which appears to be gaining momentum. The shift, which may be imperceptible at first, could prove to have lasting impact on employers,...more
1/3/2017
/ Department of Labor (DOL) ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Paid Leave ,
Sick Leave ,
Sick Pay ,
State Labor Departments ,
State Labor Laws ,
Wage and Hour
I recently read a lengthy, and I have to admit, well-crafted letter by one employer (who I will call Company A) accusing a former executive (Mr. B) of violating every conceivable restriction relating to recruiting employees...more
Most employers understand, in this era where information moves so quickly and critically sensitive commercial information is very easy to move, that protecting trade secrets is more important than ever. In fact, the U.S....more
5/5/2016
/ Asset Seizure ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Pending Legislation ,
Popular ,
Private Right of Action ,
Remedies ,
State Law Claims ,
Trade Secrets ,
Whistleblower Protection Policies
Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications.
In a...more
The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do.
Allied...more
10/20/2015
/ Anti-Union Actions ,
Employee Rights ,
Employer Liability Issues ,
Internal Investigations ,
NLRA ,
NLRB ,
Retaliation ,
Termination ,
Union Elections ,
Unions ,
Work Suspensions
There is probably no more hard and fast rule, or favorite word of human resource professionals, than “consistency.” And we love consistency, right? It allows you to say “no” to an employee who wants something outside of the...more
We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock”...more
It is rare that a distinguished federal appellate court invokes the “See No Evil, Hear No Evil” approach to deciding a case, but this is exactly what happened in a recent decision involving a North Carolina based tile and...more
Retaliation cases continue to grow in number and, in a decision on June 4, 2013 of the Tenth Circuit Court of Appeals, in scope as well....more