Employee Witness Entitled to Same Protections against Retaliation as Complaining Employee

In this case, the Eighth Circuit Court of Appeals holds that not only is an employee who complains about inappropriate conduct in the workplace protected from retaliation, but the same protections extend to those employees who participate in an investigation into the alleged conduct. More ›

Sixth Circuit: No Gender Bias in Wage Difference between Male and Female Counterparts

In this case, the employee began working with the auto parts manufacturer when she was a student. After she graduated, she was hired as a test engineer with the same starting salary as the other engineering graduates. More ›

California Will Not Allow Health Insurers to Reinstate Coverage

More than a million California residents whose health plans were cancelled under the Affordable Care Act, a.k.a. Obamacare, will not be able to keep their existing coverage, despite President Obama’s directive that insurers keep such plans available for another year. More ›

Obamacare Chaos: Two Lessons for Employers

Dysfunctional websites. Low enrollment numbers. Public outrage over cancelled health policies. Mea cuplas. Presidential administrative “fix.”  Competing Congressional solutions. Finger pointing. It’s enough to make your head spin!

As an employer, you may be wondering what the recent flurry of activity surrounding the Affordable Care Act (a.k.a. Obamacare) means for your business. This post presents the two most important lessons that employers should keep in mind following last week’s events. More ›

“Familial Status” (Whatever That Means) may Become FEHA’s Newest Protected Category Under SB 404

California employers are well aware that legislators and regulators, both on the state and federal level, have been burning the candle at both ends to generate laws, regulations, and administrative actions designed to hedge in and restrict their ability to chose and terminate their employees.

Correspondingly, it comes as no surprise to learn that the list of protective classes under California’s Fair Employment and Housing Act (“FEHA”) — which prohibits employment discrimination — is about to expand once again. More ›

Senate Passes LGBT Workplace Anti-Discrimination Bill

The U.S. Senate passed a bill last week that would provide workplace protections to gays, lesbians and transgender individuals.

The so-called “Employment Nondiscrimination Act” passed the Democratic-led chamber on a 64 to 32 vote.  Arizona Sen. John McCain and Utah’s Orrin Hatch were among the ten Republicans who supported the measure. More ›

Nurse Denied FLSA Claim for Failure to Follow Employer’s Policies

An emergency department nurse did not have regularly scheduled meal breaks given the nature of her position, but was permitted to take them as work demands allowed. The hospital’s employee handbook provided that employees were to receive unpaid meal periods, the time for which would be automatically deducted from their paycheck. Employees were instructed to report in an “exception log” any meal breaks which were missed or interrupted so that they could receive payment for that time worked. The nurse did report missed meal breaks from time to time, but did not always mark them in the exception log. Further, she did not report to human resources or supervisors that she was not being compensated for time spent working while she should have been on break. More ›

Employer Prevails Against FMLA Interference Claim but Sixth Circuit Declines to Apply Directly the “Honest Belief” Defense

A telephone repair technician employee diagnosed with severe back pain was terminated by his employer for allegedly fraudulently requesting leave under the Family and Medical Leave Act (FMLA). The employee shortly thereafter sued claiming the employer interfered with his right to FMLA leave and terminated him in retaliation for requesting leave. The trial court granted the employer's motion for summary judgment on the basis of the "honest belief" defense and the appellate court affirmed. More ›

Outsourcing Firm Pays $34 Million Penalty to Settle U.S. Prosecutors' Allegations of Visa Fraud

To B-1 or not to B-1? According to U.S. prosecutors, one company is learning the hard way that it made the wrong choice.

In a record-setting penalty, Indian outsourcing firm Infosys agreed yesterday to a $34 million settlement resulting from what federal prosecutors called "systemic visa fraud and abuse" intended "to deceive" U.S. authorities. By making it appear as if individuals were coming to the U.S. for business meetings when, in reality, they were coming to provide work for U.S. companies, Infosys could use simple B-1 "business visitor" visas for its workers rather than more expensive and time-consuming H-1B "temporary worker" visas. Although Infosys continues to deny any wrongdoing, employers should definitely view this as a symbolic victory for U.S. officials—visa abuse is being taken seriously and the government wants you to know it. More ›

Pro-Union Attorney to Head NLRB

The U.S. Senate has confirmed union lawyer Richard Griffin to serve as general counsel for the National Labor Relations Board (“NLRB”).

The board’s general counsel is instrumental in determining when and how actively to pursue claims against employers. Mr. Griffin’s appointment, which passed on a near-party-line vote, assures that the NLRB will continue its recent aggressive enforcement and expansion of labor rules. More ›