First up, the Third Circuit has become the second federal appeals court (following the D.C. Circuit) to rule that President Obama’s recess appointments to the NLRB were invalid, and that therefore some Board actions taken in the wake of those appointments were also invalid for lack of a valid quorum. …
First up, one commentator has criticized the use of the term “wage theft,” arguing that employers that fail to pay correct wages just do so out of forgetfulness or confusion, rather than out of a desire to save money. Besides the ridiculous assumptions and tone of the post, which argues…
First up this week, Colorado passed an expansive law that prevents the use of a job applicant’s credit history in hiring or employment decisions. The law is broad, basically applying to every employer outside the law enforcement profession, and almost every employee and job applicant is covered by the law. …
First up this week, we have a look at how an obligation to provide FMLA leave may extend to a company’s successor in interest. In the case in question, an employee validly took FMLA leave. While he was on leave, his company was acquired by a nearly identical competitor. Rather…
The Erlich Law Office represents clients who are owed wages, including overtime. Our FLSA FAQ helps potential clients analyze whether they may have a claim under the Fair Labor Standards Act, and specifically can help employees determine whether they are entitled to overtime. Potential clients can use the guide to understand…
First, there have been some interesting reports about the construction industry in Texas. In the state, nearly half of the one million workers who are employed in the construction industry are undocumented, and most have been in the United States for many years. Because most undocumented workers are afraid to…
Retailers across the U.S. have begun using databases listing workers accused of stealing merchandise in order to prevent those employees from working again in the industry. Because the databases often do not involve criminal charges and contain minimal details about suspected thefts, some worry about the use of such information…
FMLA Second and Third Opinions; Supreme Court limits ability of plaintiffs to fight CAFA removal Our first article looks at the increased use of second and third medical opinions by employers in an attempt to curtail abuse and manipulation of the FMLA by employees. If an employer doubts the validity…
This week’s post features an eclectic mix of stories, including a controversial policy mandated by CVS, a court decision from New York that limits the ability of employees to opt out of arbitration agreements, and an interesting look at how some employees are banding together to purchase group healthcare. First,…
Here are some links to interesting articles from this past week, along with a little commentary. First, the Ohio Employer’s Law Blog looks at developments from the continuing debate regarding how much access employers should have to employee’s social media sites and posts. The article is in reaction to a…