Searching Content indexed under Employment Litigation/ Tribunals by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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California's Stringent DYNAMEX "ABC" Independent Contractor Test Soon To Be Law
In July we wrote about the California Supreme Court's landmark decision in Dynamex v. Superior Court, which abandoned a long-followed, multi-factor approach to analyzing ...
United States
24 Sep 2019
English Only Version Of Notices Is OK Under COBRA
In addition to certain other allegations related to specifics of the COBRA Notice, he alleged that the notice should have been provided in Spanish.
United States
13 Jun 2017
Yes, Virginia, There Is A Santa Claus!
On September 20, 2016, the Plano Chamber of Commerce and more than 55 Texas and national business groups ("Business Plaintiffs") filed a Complaint in the United States District Court...
United States
28 Nov 2016
EEOC Continues To Encourage Courts To Protect Sexual Orientation Under Title VII
Title VII's prohibition of sex discrimination means that employers may not 'rel[y] upon sex-based considerations'...
United States
21 Nov 2016
Florida Approves A Double Digit Workers' Compensation Rate Increase To Take Effect December 1, 2016
An October 5, 2016 Order from the Florida Office of Insurance Regulations granted final approval for a statewide workers' compensation rate increase of 14.5 percent to take effect December 1, 2016.
United States
28 Oct 2016
The Eleventh Circuit Looks At Disparate Impact Claims Of Age Discrimination By Applicants For Employment
In Villarreal v. R.J. Reynolds Tobacco Co., the Eleventh Circuit, sitting en banc, concluded that an applicant for employment could not bring a disparate impact claim of age discrimination.
United States
17 Oct 2016
Massachusetts Raises The Bar For Equal Pay
On August 1, 2016, Massachusetts Governor Charlie Baker signed into law significant legislation aimed at achieving equal pay between men and women entitled an Act to Establish Pay Equity (the "Act").
United States
11 Aug 2016
NLRB Rules That Temporary Staffing Agency Workers Now Eligible To Vote In Union Elections
The National Labor Relations Board (NLRB) recently held, in Miller & Anderson, that workers supplied by a temporary staffing agency to a single employer may be included in a bargaining unit...
United States
20 Jul 2016
A Second Front In Litigating With Alleged Whistleblowers
Lear had sued a former employee in state court for defamation and intentional interference with business relations.
United States
20 May 2016
Supreme Court Upholds $5.8 Million Judgment For Employee Time To Change Into And Out Of Safety Equipment
On March 22, 2016, the Supreme Court upheld a $5.8 million judgment against Tyson Foods in a pay dispute between the company and more than 3,000 workers.
United States
5 Apr 2016
Employer's Voice-Recording Ban Is Unlawful
The National Labor Relations Board (NRLB) recently held that Whole Foods Market violated Section 7 of the National Labor Relations Act (NLRA).
United States
10 Feb 2016
Joint Employment Concerns For Restaurant Owners, Operators, Franchisors And Franchisees
Restaurant owners, operators, franchisors, and franchisees face concerns and legal risks regarding potential joint employment claims on multiple fronts.
United States
9 Feb 2016
Interns Come To The Eleventh Circuit
Recently, the news has contained reports about litigation over the status under federal labor laws of unpaid interns.
United States
21 Sep 2015
Settling Wage And Hour Claims In The Second Circuit Is Now More Difficult (And Expensive)
In Cheeks v. Freeport Pancake House, Inc. and W.P.S. Industries, plaintiff Cheeks was a restaurant server and manager who filed claims for, among other things, overtime wages, liquidated damages and attorneys' fees...
United States
14 Sep 2015
NLRB Reverses Long-Standing Joint-Employer Standard Involving A Staffing Agency
In the classic children's book "Are You My Mother?" by author P.D. Eastman, a baby bird hatches while its mother is away.
United States
4 Sep 2015
Employers Beware: Fair Wage Laws Protect Undocumented Workers In More Ways Than One
The lessons of Alice's Tea Cup could not be clearer. Employers cannot avoid liability under wage and hour laws by hiring undocumented employees.
United States
27 Jul 2015
The Second Circuit Rules On When An Intern Is A Paid "Employee" Under The Fair Labor Standards Act
The case involved unpaid interns who worked for Fox Searchlight and Fox Entertainment Group during the production of the film Black Swan.
United States
10 Jul 2015
Is "At Will" Employment/Discharge Implacable?
New York is a so-called "at will state" in which an employee without a contract for a definite term may be discharged at any time and/or without cause.
United States
7 Jul 2015
Colorado Approves Firing For Off-The-Clock Medical Marijuana Use
In a recent decision, the Colorado Supreme Court held that an employer may fire an employee for violating its drug policy, regardless of whether the employee is permitted to use medical marijuana under state law.
United States
24 Jun 2015
A Fiduciary's Duty To Monitor Retirement Plan Investment Alternatives Is Continuous And Not Restricted By ERISA's Statute Of Limitations
In Tibble v. Edison International, participants claimed that the fiduciaries breached their duties under ERISA because they did not properly monitor investment alternatives nor did they attempt to negotiate lower mutual fund fees.
United States
19 May 2015
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