Last week, the Fifth Circuit issued the first decision interpreting Dodd-Frank’s anti-retaliation provision. Importantly, the court stated that to be protected under the Act’s provisions, an individual must be a whistleblower, which is defined in the Act as requiring that the individual makes a report to the SEC. This holding…
First up this week, the 6th Circuit held that an employer does not need to allow an employee to rescind her resignation as part of her FMLA rights. In the case, an employee went on FMLA medical leave following hospitalization. When she returned to work, she immediately submitted her resignation,…
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…
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…
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,…
The Department of Labor recently issued a new administrative interpretation regarding how the Family and Medical Leave Act is interpreted to allow an employee to care for an adult child. Ordinarily, an employee is entitled to take FMLA leave to care for a child with a “serious health condition.” A…
As we have seen recently, the intersection of social media policies and employment law is a growing area of discussion and litigation. The extent to which employers have access to information employees post to social media sites is fairly controversial, and some states have taken steps to pass legislation that…