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The NLRB Returns to Former Standards of ...

The NLRB Returns to Former Standards of Workplace Investigation Confidentiality and Use of Company Email

The National Labor Relations Board (“NLRB”) has recently decided two major issues by returning to standards that it held prior to the Obama Administration. Based on the NLRB’s most recent decisions, employers have some clarity regarding confidentiality requirements in workplace investigations and employees use of company email systems for nonbusiness purposes. Confidentiality in Workplace Investigations […]

SCOTUS Hears Controversial LGBT Cases

SCOTUS Hears Controversial LGBT Cases

The U.S. Supreme Court just heard oral argument in three highly controversial cases that will decide whether LGTB employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. The cases before the Court are Altitude Express Inc. v. Zarda, No. 17-1623, Bostock v. Clayton County, Georgia, No. 17-1618, and R.G. & G.R. Harris Funeral […]

DOL Issues Three New Wage & Hour Opinion

DOL Issues Three New Wage & Hour Opinion Letters

The US Department of Labor (DOL) has issued three new Fair Labor Standards Act (FLSA) opinion letters, which address: Permissible rounding practices for calculating an employee’s hours worked; The calculation of overtime pay for nondiscretionary bonuses paid on a quarterly and annual basis; and The application of the highly compensated employee exemption to paralegals. An […]

Employers Seeking Applicant & Employees’

Employers Seeking Applicant & Employees’ Social Media Information is Risky

Employers are well advised to think twice about asking employees and applicants for their Facebook and other social media information, including passwords. After the media reported on this trend, there was a widespread public debate. Many people were upset and Facebook even made a statement claiming that they may pursue legal action against employers who […]

DOL Issues an Opinion Letter on the Stan...

DOL Issues an Opinion Letter on the Standard to Determine Whether a Worker is an Independent Contractor or Employee

On April 29, 2019, the Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter covering the standard to determine whether a worker is an FLSA-covered employee or an independent contractor. Economic dependence, as evidenced by the following six considerations, is the touchstone of WHD’s analysis. WHD’s opinion letter responds to an inquiry […]

Supreme Court to decide if LGBT Discrimi...

Supreme Court to decide if LGBT Discrimination Prohibited by Title VII

On April 22, 2019, the U.S. Supreme Court said it would hear three cases that address the extent to which Title VII, which bars sex discrimination, protects lesbian, gay, bisexual and transgender (LGBT) individuals based on sexual orientation and gender identity. The 11th U.S. Circuit Court of Appeals ruled in 2018 in Bostock v. Clayton County, Ga., that […]