Retaliation Encyclopedia

By Andy Volin The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic.  This is the first time since 1998 that the EEOC has updated its guidance on this topic, and the EEOC is soliciting public comment until February 24, 2016. […]

Not Worth Fighting Over?

By Andy Volin In wage and hour disputes, sometimes an employer would rather just pay a claim instead of fighting it. Maybe the claim is only worth several hundred dollars and attorney’s fees would be a far greater expense. Or maybe not only is the claim small, but the plaintiff claims the dispute should be […]

Joint Employment for Wage/Hour

By Andy Volin The Department of Labor’s Wage and Hour Division (“WHD”) has issued new guidance on joint employer status. The guidance re-emphasizes that companies that share workers with associated companies, or that subcontract work to other companies, may have compliance responsibility for wage and hour laws. In other words, using a staffing agency or […]

OSHA Update: Worker Endangerment Initiative

By Rod Smith, Pat Miller, Chuck Newcom, and Matt Morrison A new “Worker Endangerment Initiative” may increase criminal prosecutions of workplace safety violations. OSHA and the Department of Justice (DOJ) just announced a new initiative to increase the number and effectiveness of criminal prosecution of employers and managers for workplace safety, environmental and other federal offenses. Although criminal prosecutions […]

No Arbitration for Masseuse

By Andy Volin The Tenth Circuit just ruled that an arbitration agreement between a massage student and her school was not enforceable, because it would not permit the effective vindication of the student’s statutory rights. Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016). The dispute involved a massage student’s claim that, when […]

NLRB Nixes “No Recording” Rule

By Doug Towns & Lori Phillips In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a camera or other recording device, such as a smartphone, without prior management approval […]