Blog

Employee Pain Management and the ADA
March 28, 2018
The national opioid epidemic of course has workplace implications, as more employees either have prescriptions for or are consuming pain medicine, such as morphine or Vicodin, with or without a prescription.
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Beware of Biometrics
March 28, 2018
Biometric authentication technology is becoming widely used by employers to track employee data, employee work hours, and employee locations. This creates a potential source of employer liability.
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McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status
March 21, 2018
On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees.
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Recuse Me? Why the NLRB’s Order Vacating the Hy-Brand Decision Should Not Stand
March 21, 2018
Practitioners of labor law know that the 5-member panel comprising the National Labor Relations Board is appointed by the President of the United States. The Board majority (three members) are from the President’s party and the remaining two members are from the other party. As the administration changes, so does the Board majority.
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What Lessons Can Employers Learn from the Uber Class Action?
March 20, 2018
For years, a class action lawsuit brought by a group of Uber drivers has been pending in federal court in California.  The plaintiffs in that case allege that they are misclassified as independent contractors and are entitled to wages, overtime, and tips.
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What to Make of the DOL'S PAID Program
March 20, 2018
You may have read about the U.S. Department of Labor’s new “Payroll Audit Independent Determination” or “PAID’’ pilot program.
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Companies must comply with the European General Data Protection Regulation by May 25, 2018
March 15, 2018
CMS would like to call your attention to the fact that companies doing business in Europe must comply with the European General Data Protection Regulation (GDPR) by May 25, 2018.
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No FMLA for Pet’s Death
March 15, 2018
My interest was piqued by a recent case in which an employee claimed that his insomnia following his dog’s death was a serious health condition under the FMLA.
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California Supreme Court Adopts Employee-Friendly Test For Calculating Overtime On Flat-Sum Bonuses
March 12, 2018
The California Supreme Court has adopted an employee-friendly test for calculating the
overtime due on a non-discretionary, flat-sum bonus.
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DOL Entices Self-Reporting of Wage and Hour Violations, But Employers Should Be Cautious
March 11, 2018
On March 6, 2018, the U.S. Department of Labor (DOL) announced it will launch a new pilot program – called the Payroll Audit Independent Determination (PAID) program – designed to allow employers to self-report violations of the Fair Labor Standards Act (FLSA).
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NLRB Reverses Obama-Era Decision Regarding Scope of Bargaining Units
March 8, 2018
The NLRB has overruled its 2011 Specialty Healthcare & Rehabilitation Center decision, making it more difficult for unions to cherry-pick small groups of employees in their organizing efforts.
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Does Apple’s New HQ Violate OSHA?
March 7, 2018
Some of Apple’s 12,000 employees on campus, for whom it has a duty to provide a safe working environment, according to OSHA — are walking into the walls.
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