Arbitration Agreement Without Sexual Harassment Carveout

Sexual Harassment Legislation Would Require Amendment of Arbitration Agreements

A proposed law may invalidate your company’s arbitration agreement unless you amend it to carve out sexual harassment and gender discrimination claims. If you run a business, pay attention to the Ending Forced Arbitration of Sexual Harassment Act of 2017. Failure to comply would bar arbitration of all disputes, not just sexual harassment and gender […]

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James Damore's Jerry Maguire Moment

Should Google Have Fired James Damore for His Echo Chamber Memo?

If you somehow missed the brouhaha caused by Google Engineer James Damore’s Echo Chamber Memo, you are living under a rock. Google’s CEO cut his vacation short to address the maelstrom, and Even Anita Hill has come out of the woodwork to encourage women to sue their tech employers. Google’s decision to fire Damore over […]

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NLRB Seal

And just like that, your class action waivers are safe again. Almost. 

President Trump has appointed a Republican labor lawyer as the fifth member of the National Labor Relations Board. This creates a Republican majority on the Board, which allows the reversal of labor policies headed down by President Obama. The new Board is expected to withdraw its opposition to the use of arbitration agreements containing class and collective action waivers.

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NSFW Facebook Rant Was Awful, But Not Awful Enough to Justify Firing

In National Labor Relations Board v. Pier Sixty, LLC, the Second Circuit Court of Appeals considered how awful an employee’s conduct must be on Facebook before he or she loses the protection of the National Labor Relations Act (“NLRA“). In this particular case, in the middle of a union campaign, the employee reacted poorly to […]

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Can I Sue My Employees For Padding Their Timesheets?

Whether your employee conveniently “forgets” to clock out or systematically falsifies timesheets, wage fraud is tricky to address. Clearly, preparing a false timesheet with the intent to receive unearned wages is fraud. If the employer is a government entity or contractor, the employee can and will be prosecuted criminally for falsifying timesheets. Here are some […]

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Stop! Don’t start paying overtime based on the DOL’s new overtime rule.

A federal court has issued a nationwide preliminary injunction blocking the implementation and enforcement the United States Department of Labor’s new overtime rule. You can read the decision here: State of Nevada, et al. v. United States DOL, et al. As of December 1, 2016, the rule would have increased the minimum salary level for […]

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