Monthly Archives: January 2012

Prohibiting Retaliation Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

United States Department of Labor released Fact Sheet # 77C to offer further guidance to employers on the topic of retaliation under MSPA.This fact sheet provides general information concerning MSPA’s prohibition of discrimination against a migrant or seasonal agricultural worker … Continue reading

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Protection for Individuals under the FMLA

United States Department of Labor released Fact Sheet # 77B to offer further guidance to employers on the topic of retaliation under FMLA.  This fact sheet provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating … Continue reading

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Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA)

United States Department of Labor released Fact Sheet # 77A to offer further guidance to employers on the topic of retaliation under the Fair Labor Standards Act (FLSA).  This fact sheet provides general information concerning the FLSA’s prohibition of retaliating … Continue reading

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Department of Labor Issues New Fact Sheets on Retaliation

More and more employers are recognizing what employment attorneys have long known. The most prevalent type of employment discrimination claim is not one based on race, sex, religion, disability or age. Rather, it is one alleging unlawful retaliation. In fact, … Continue reading

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“Flexible Work” Trend Still Necessitates Wage-Hour Compliance

A recent Time magazine item by Dan Schawbel of Millennial Branding discusses what he sees as a growing trend to abandon the traditional on-premises, 9-to-5 workday in favor of permitting employees to “work odd hours, telecommute and otherwise tweak the … Continue reading

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Sexual Harassment Refresher: Steps Employers Must Follow To Prevent Sexual Harassment In Work Place

Workplace harassment is back in the news again recently, both in terms of allegations against high-profile public figures and the increasing frequency with which juries have been awarding multi-million dollar verdicts to employees. With this heightened awareness of workplace harassment … Continue reading

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What Does At-Will Employment Mean?

Most of us understand that ‘at-will employment’ generally means employment in which an employer can fire an employee at any time – or an employee can quit at any time – without fear of liability. But what else do you … Continue reading

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NLRB Rules Mandatory Class Action Waivers Unlawful

On January 3, 2012, the National Labor Relations Board ruled in D.R. Horton that the National Labor Relations Act prohibits mandatory arbitration policies forcing employees to give up their rights to participate in class action lawsuits over workplace conditions. As a result, … Continue reading

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Employment Discrimination Complaints On The Rise

Statistics have shown that claims of job discrimination have risen over 20 percent since 2007 to a record 99,922 last year, an increase observers attribute to the continually lagging economy. Compensation collected by discrimination victims through settlements and lawsuits has … Continue reading

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Independent Contractor vs. Employee

This article will address a frequent issue arising in the employment litigation.  One of the most frequently raised defenses by employers is the independent contractor defense.  Employers raise this defense in their answer and in trial in an effort to … Continue reading

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