DOJ Reverses Policy to Support Class Action Waivers in Arbitration Agreements, But It’s Still Complicated

State of Confusion The enforceability of class action waivers in employment arbitration agreements is a hotly debated topic that has created not only a circuit split, but an ongoing divide in policy between circuit courts and federal agencies.  The National Labor Relations Board has long held that such class action waivers are unenforceable, arguing such […]

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It’s Time To Train Your Managers To Be Compassionate To Gender Transition Issues

Companies surprised by an employee’s gender transition cannot lose sight of their obligations under federal employment law.  In Western Kentucky, a District Court ruled on Monday that it would allow Pax Bradford to proceed in his suit against Humana, Inc. on claims that it violated the Family Medical Leave Act, the Americans with Disabilities Act, […]

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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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When a Case Comes Down to a Comma

Grammar nerds rejoice: a missing Oxford comma played a pivotal role in a recent First Circuit Court of Appeals decision. But don’t break out the Scrabble board and virgin daquiris just yet. The Court’s decision is far from a ringing endorsement of serial commas. In O’Connor v. Oakhurst Dairy, drivers who delivered dairy products sued […]

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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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Where Is My Class Action Waiver Enforceable?

The viability of class and collective action waivers in private arbitration agreements continues to be a hot topic before courts, and until the Supreme Court takes up the issue one last time, your business will have some uncertainty concerning whether these provisions are enforceable. For most employers, the main reason to require employees to arbitrate […]

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