A recent EEOC press release warns employers not to assert a job elimination as the reason for an employee’s termination unless the job truly is being eliminated. A “job elimination” may seem like a simple way of dealing with a problem employee. Employers may seek to avoid addressing difficult performance […]

On April 12, 2024, the U.S. Supreme Court issued a decision that significantly broadens the definition of a transportation worker who is exempt from coverage under the Federal Arbitration Act beyond those working only in the transportation industry. Background of the Case. The Federal Arbitration Act provides that arbitration agreements […]

A recent case from the U.S. Court of Appeals for the Sixth Circuit highlighted the confusion that can occur between these two different mechanisms to hold separate companies liable for the same violation under the National Labor Relations Act (and other employment laws). In NLRB v. Bannum Place of Saginaw, […]

The U.S. Department of Labor recently announced a $1.2 million settlement with a concrete contractor for multiple violations of the Fair Labor Standards Act, and employers can draw a number of lessons from this announcement as to widely varying topics: misclassification of employees as independent contractors, recordkeeping and payment, misclassification […]

Following the increased interest in diversity, equity and inclusion (DEI) initiatives in the context of the murder of George Floyd and the #BlackLivesMatter movement, we warned employers to be careful about rushing into anti-discrimination initiatives, like diversity hiring quotas, that could, in fact, violate Title VII. We reiterated this warning […]

This month, the U.S. Court of Appeals for the D.C. Circuit issued several opinions that provide some guidance to employers on the issue of unlawful surveillance of union members or supporters under the National Labor Relations Act. The Rule on Surveillance. The Act prohibits employers from engaging in or creating the […]