Blog

Blog

Current Wage and Hour Issues
May 24, 2018
At this time, Wage Hour continues to operate without an Administrator who has been confirmed by the Senate.
Read More >

Kansas City Joins Several States and Municipalities in Banning the Box
May 21, 2018
Effective June 9, 2018, a new Kansas City, Missouri ordinance places restrictions on an employer’s inquiries into, and the use of, criminal record information.
Read More >

H-1B Worker Who Quits Cannot Be Required to Pay Back H-1B Fees
May 21, 2018
An H-1B Visa allows a non-immigrant worker to work temporarily in the US for a sponsoring employer.  An employer must petition for an H-1B Visa on the employee’s behalf; an employee can’t do it, and the costs of petitioning for an H-1B Visa are substantial.
Read More >

Supreme Court Finds in Favor of Employment Arbitration Clauses
May 21, 2018
On Monday, the Supreme Court issued an opinion regarding the validity of arbitration clauses in individual employment contracts.
Read More >

NLRB Decision on Independent Contractor Issue Could Impact Related FLSA Litigation
May 18, 2018
On May 2, 2018, Leslie Smith, a well-known mixed martial arts fighter, filed an unfair labor practice charge with the National Labor Relations Board (“NLRB”) alleging that the Ultimate Fighting Championship (“UFC’) failed to renew her contract because she was trying to organize other UFC fighters.
Read More >

Wait – That E-mail Is a Legal Agreement?
May 17, 2018
I know I’m dating myself, but as a lawyer of a certain age, I like a legal agreement to be in paper, with handwritten signatures.
Read More >

Employer’s Failure to Follow Proper NLRB Procedures after Settlement Results in Entry of Default Judgment
May 14, 2018
It should come as no surprise that in the majority of the matters wherein the National Labor Relations Board (NLRB) investigates an alleged unfair labor practice and thereafter issues a complaint, the parties enter into an informal settlement agreement.
Read More >

First Circuit OK’s Employer’s Decision to Grant Accommodation then Change Its Mind
May 11, 2018
We’ve all heard the discouraging mantra that “no good deed goes unpunished.”  And while it may be a “glass half empty” way of looking at things, the unpleasant truth is that, sometimes, people and businesses make decisions out of kindness or a sense of responsibility that they will come to regret.
Read More >

No, You Can’t Sleep on the Job, Especially when it’s a Matter of Life or Death!
May 11, 2018
There’s one issue that seems to come up on a regular basis. It involves employers asking for advice about terminating employees who have violated work rules but also have engaged in legally protected activities, such as taking leave under the FMLA.
Read More >

Employer Liability for Third Party Physical Attacks on Employees
May 10, 2018
In Wieland v. Owner-Operator Services, Inc., 540 S.W.3d 845, 847 (Mo. 2018), reh’g denied (Apr. 3, 2018), the Missouri Supreme Court heard a case worthy of its own movie of the week.
Read More >

Weighing In On Nevada Gaming Control Board’s Proposed Regulation Regarding Sexual Harassment
May 8, 2018
On May 3, 2018, the Nevada Gaming Control Board (NGCB) held a workshop to receive public input regarding its proposal to amend Nevada Gaming Commission Regulation 5 to require licensees’ adoption of certain procedures, policies, and training regarding sexual harassment in the workplace.
Read More >

Seventh Circuit Case Is Excellent Reminder of FMLA Best Practices
May 4, 2018
As an employer, how do you know when an employee’s illness or medical condition could give rise to a claim for mandatory medical leave, disability protections, or discrimination?  The answer, of course, is that you don’t.
Read More >

Tweets Follow

Jul 18

We Sued the DOL, and the DOL Blinked. A Summary of the Persauder Rule outcome: https://t.co/YkWTg02mn4

Jul 18

New #SHRM Court Report: FMLA Leave May Not Preclude Unemployment Benefits: https://t.co/RRbbRGHSZg

Jul 18

NLRB Expands Weingarten Rights - What this Means for Employers: https://t.co/L54DiYJvEv