Handbook Is No Arb. Agreement

By Lori Phillips In Lorenzo v. Prime Communications, L.P., No. 14-1727 (4th Cir. Nov. 24, 2015), Lorenzo sued her former employer, Prime Communications, L.P. (“Prime”), for minimum wage and overtime violations. Prime tried to compel arbitration based on an arbitration provision in the employee handbook. The court denied Prime’s motion to compel, because Lorenzo had […]

Common-Law Employee, But No Contract

By Bill Wright In Faush v. Tuesday Morning, Inc., No. 14-1452 (3d Cir. November 18, 2015), the court addressed race discrimination claims brought by a former temporary worker against the company he was assigned to assist. The plaintiff signed up with a staffing firm and was assigned to help set up a new retail store. […]

Handbook Revisions Due

By Bill Wright The U.S. Court of Appeals for the District of Columbia sided with the NLRB on 3 common employer policies. These rules violate the NLRA on their face: The “investigative confidentiality rule.” The company had a rule that “prohibited employees from revealing information about matters under investigation.” This was overly broad. Sure, EEO […]

OSHA Fines to Increase Dramatically

By Rod Smith, Pat Miller, Chuck Newcom,and Matt Morrison For the first time in 25 years, OSHA fines likely will be increasing. The change will take effect no later than August 1, 2016, and each year thereafter. A relatively obscure provision in the 2015 budget bill passed by Congress, and signed into law by President Obama […]

Wellness Rewards Under GINA

By Brooke Colaizzi The EEOC has issued proposed regulations addressing the legality of inducements for spousal participation in wellness programs under the Genetic Information Nondiscrimination Act (GINA). The original GINA regulations prohibited employers from offering inducements to an employee for providing genetic information, including genetic information about employees’ spouses. The EEOC has now declared that […]