The U.S. Supreme Court recently heard arguments over whether Southwest baggage handlers are “engaged in interstate commerce” and therefore exempt from the Federal Arbitration Act. The Arbitration Act generally requires courts to uphold contracts that include forced arbitration clauses. However, ...
Read More »Staffing firm fined $1.5M for I-9 violations
A staffing firm is facing a $1.5 million fine after an Administrative Law Judge (ALJ) found the company liable for I-9 violations. The family-owned staffing agency has offices in Washington and Oregon. While they employ fewer than 50 fulltime employees, ...
Read More »Email of draft press release subject to privilege
A Massachusetts judge sitting in the state’s Superior Court Business Litigation Session has ruled that an email from a client to its litigation counsel seeking feedback on a draft press release embedded in the email’s text was protected by the ...
Read More »EEOC issues caregiver discrimination guidance
The U.S. Equal Employment Opportunity Commission (EEOC) issued a reminder that employers who discriminate against caregivers in the workplace may violate federal law. While caregivers are not explicitly called out in federal employment laws, certain assumptions can lead employers to ...
Read More »Employee handbook reviews recommended
The National Labor Relations Board (NLRB) may be updating its framework for workplace rules and employee handbooks. A ruling is expected within the next several months that could affect any number of HR policies. The NLRB framework has implications for ...
Read More »Rocky road for SEC climate initiative
While questions abound as to their final form, the Securities and Exchange Commission is expected to adopt some version of ambitious climate disclosure rules proposed last month. And whatever their final form, securities experts say the forthcoming regulatory regime promises ...
Read More »Potential changes to ‘prevailing wage’
A proposal from the U.S. Department of Labor (DOL) would return prevailing wage calculations under the Davis-Bacon Act to the system last used 40 years ago. Employers’ groups say the proposal unfairly favors union labor, while union groups say it ...
Read More »Identifying employee fraud
“That wouldn’t happen here! My accounting team would catch it. My employees are like family!” No one likes to think their employees would steal from them, but nearly two out of three businesses have been victims of employee fraud, reports ...
Read More »Employers may need to notify employees about tracking devices
Employers use vehicle tracking devices for a variety of reasons. Employee location data can help improve routing, safety, record keeping, and customer service. Emerging state laws, however, mean that a growing number of employers have to notify employees when tracking ...
Read More »Unsigned agreement binds former employee
An employer’s arbitration award of $11,000 for damages and $50,000 in attorneys’ fees and costs in a case against a former employee has been upheld by a state appellate court. The former employee, James Gail, was the clinical director for ...
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