Legal Solutions At Work

On May 27, 2015, the Department of Labor (“DOL”) issued new versions of its Family and Medical Leave Act (“FMLA”) forms.  The previous versions expired February 28, 2015.  The new forms are good through May 31, 2018. The good news– just because they are new, does not mean they are very different.   The only substantive change… More

Employment Roundtable: What To Do When Your Employees Can’t or Won’t Come To Work Please join us on June 18, 2015 as we discuss leave and related laws and how to comply with them, including providing practical guidance for assessing and dealing with employees who are unable or unwilling to work, whether due to their… More

Employers- don’t forget to check your email.  The Equal Employment Opportunity Commission (EEOC) recently announced that it is piloting a new online system for handling charges of discrimination. The new program has already been implemented in the Charlotte, North Carolina district and the San Francisco, California district. Next up (in late May) are Denver, Detroit, Indianapolis, and… More

If you have been a steady reader of this blog by now you know that the National Labor Relations Act (NLRA or the Act) protects the rights of both union and non-union employees. You may be surprised to learn, however, that the Act also protects the rights of undocumented workers to engage in concerted activity…. More

The National Labor Relations Act (NLRA) gives employees – even at non-union places of work – the right to criticize or protest their employer’s labor policies or treatment of staff.  When the law was drafted Congress wanted to allow employees to strike and protest, so the protections extend to public criticism. In recent years, “public” also… More

To find protection under the Americans with Disabilities Act (“ADA”), an employee must have a disability or mental impairment that “substantially limits” one or more “major life activities.”  In the recent case of Jacobs v. N.C. Administrative Office of the Courts et al., 4th Circ., No. 13-2212, March 12, 2015, the Fourth Circuit (Maryland, Virginia,… More

A jury recently awarded $196,956 in unpaid minimum wages and overtime to six adult dancers who filed a class action against two nightclubs where they worked. The presiding judge, Deborah K. Chasanow, tacked on an additional $68,320 in liquidated damages onto the jury award, bringing the dancers’ total recovery to $265,276. In McFeeley v. Jackson… More

Under the Equal Pay Act (“EPA”), form matters over substance. As the employer in Riser v. QEP Energy learned, tying compensation to job titles, rather than job duties, can create liability. Pursuant to court records, in the QEP case the employer initially employed a female as the Administrative Services Representative. In this role she was… More

We all know that chemistry can be crucial to the success of any team. And sometimes job candidates glow on paper, but through the interview process the employer gets a good sense that the candidate just won’t “fit in” with the rest of the team.  Is a vague sense of “bad fit” a sufficient basis… More

Section 7 of the National Labor Relations Act (the “NLRA”) guarantees employees “the right to self-organization, to form, join, or assist labor organizations… and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” In Purple Communications, Inc., 361 NLRB No. 126 (2014), the National Labor Relations… More