E. Jason Tremblay Are You A Joint Employer? Browning-Ferris Industries of California Case and Its Potential Impact By now, most employers are aware of the recent and significant decision from the National Labor Relations Board in Browning-Ferris Industries of California, Inc., 2015 NLRB LEXIS 672 (2015)(“Browning-Ferris”). In that case, the NLRB expanded who qualifies as […]
E. Jason Tremblay and Megan P. Toth Many “Independent Contractors” May Now Be “Employees” According to the Department of Labor On July 15, 2015, the U.S. Department of Labor issued an Administrator’s Interpretation regarding the application of the Fair Labor Standards Act with respect to the increasing misclassification of workers as “independent contractors.” The DOL’s […]
The U.S. Department of Labor just released its highly anticipated proposed revisions to the “white collar” exemptions to the Fair Labor Standards Act, which will significantly expand the number of workers who will be eligible for overtime pay.
E. Jason Tremblay Wisconsin Supreme Court: Continued Employment Constitutes Sufficient Consideration for Restrictive Covenants in Wisconsin Resolving previously unsettled law in Wisconsin, the Wisconsin Supreme Court recently held in Runzheimer International Ltd v. Friedlen that continued employment of an at-will employee following the execution of a restrictive covenant, such as a non-competition agreement, is sufficient […]
Megan Toth U.S. Supreme Court Rules That a Request for a Religious Accommodation Is not Required to Maintain a Title VII Claim On June 1, 2015, the United States Supreme Court issued its opinion on the much anticipated Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores, Inc., holding that an employee is not required to specifically […]
In the last two months, the U.S. Supreme Court has decided three different cases, all of which have significant implications for employers.
National Labor Relations Board (NLRB) has taken a very aggressive approach against employers by requiring them to rescind employee handbook provisions that it deems to be unlawful pursuant to the National Labor Relations Act (NLRA).
E. Jason Tremblay On March 18, 2015, the National Labor Relations Board (“NLRB”) General Counsel, Richard Griffin, issued the “Report of the General Counsel Concerning Employer Rules,” a comprehensive report providing guidance to employers on what the NLRB deems to be lawful and unlawful company handbook provisions and policies. We strongly encourage all employers, union […]
E. Jason Tremblay It has traditionally been understood and recognized that employees do not have an expectation of privacy when using their employer’s computer system and that employers can monitor and control their employees’ emails. However, in light of a recent decision by the National Labor Relations Board (“NLRB”) in Purple Communications, Inc., 361 NLRB […]
E. Jason Tremblay A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois. In Lugihibl, […]