Blog

Blog

Patient’s “Turn for the Nurse” Creates Liability for Employer
February 27, 2019
On February 6, 2019, the Fifth Circuit Court of Appeals ruled that a nursing assistant could proceed with her Title VII claim based upon the repeated, sexually aggressive behavior toward her by a patient with dementia.
Read More >

Is “On-Call” On the Clock?
February 27, 2019
The general principle under the FLSA is that if an employee is “engaged to wait,” then that is considered compensable. However, if the employee is “waiting to become engaged,” that is non-compensable.
Read More >

"We Means I" Rules NLRB
February 26, 2019
Section 7 of the National Labor Relations Act gives employees the right to “engage in concerted  activity for the purposes...of mutual aid or protection.” The issue in the case of Alstate Maintenance, LLC (Jan. 11, 2019) is whether an employee who complained on behalf of others engaged in protected concerted activity resulting in an illegal discharge.
Read More >

Key Employment Issues Across Europe and Beyond
February 25, 2019
CMS presents the latest version of our international employment newsletter “On Your Radar”.
Read More >

“…federal judges are appointed for life, not for eternity.”
February 25, 2019
The U.S. Supreme Court vacated an opinion on the Equal Pay Act that had been issued by the en banc U.S. Court of Appeals for the Ninth Circuit.
Read More >

Yes, Unions Discriminate Against Workers Too!
February 21, 2019
Last week, the EEOC announced that it entered into a consent decree resolving its race discrimination lawsuit against a union representing firefighters.
Read More >

Ontario: How to LOSE a Union Application for Certification
February 21, 2019
The prospect of becoming unionized is unwelcome for many employers. Along with increased costs and workplace rules, an us-vs-them mentality often creeps in making it difficult to manage your business.
Read More >

Stiff New Employer Penalties Included In Illinois $15 Minimum Wage Bill
February 15, 2019
On February 14, 2019, the Illinois House approved Senate Bill 1, which increases the minimum wage in Illinois to $15 per hour by 2025.
Read More >

Reporting Time Pay Required for Employees Who Call In To Determine If They Will Work An On-Call Shift
February 15, 2019
Employees scored another legal victory in a case that expands the scope of what it means to “report to work.”
Read More >

Ontario: The Fine Line between “Owner” and “Constructor”
February 14, 2019
One of the most complex issues under Ontario OH&S law relates to determining which party on a construction project is the “constructor” within the meaning of the OHSA.
Read More >

Extraordinary Employee Misconduct: Saving Nude Pictures to Work Computer!
February 13, 2019
Many people use their personal cell phones for work. And as a matter of habit, they may plug their cell phones into their work computer – maybe to sync it or charge it. But what they aren’t thinking about is that the work computer backs up the content on the phone. All. Of. It.
Read More >

Requiring Employees to Arbitrate Claims Can Keep Employers Out of Court
February 12, 2019
Arbitration agreements require individuals to litigate their disputes before an arbitrator instead of in court in front of a jury.  Some believe that a sympathetic plaintiff can sway a jury.
Read More >

Tweets Follow

We are having a problem with our Twitter Feed right now.