Articles and Blogs

New pay transparency rules for federal contractors went into effect last month. Specifically, the new rules prohibit federal contractors from discriminating or retaliating against employees and applicants who inquire about, discuss or disclose their own pay or the pay of another employee or applicant. Exceptions exist for employees who have access to the compensation information of... READ MORE

On February 1, 2016, the EEOC made public a proposed revision to the Employer Information Report (“EEO-1”) to include collecting pay data from employers, including federal contractors, with more than 100 employees. According the EEOC, the collection of this pay and hours data will help in “identifying possible pay discrimination and assist employers in promoting... READ MORE

Many employers have rules prohibiting the recording of conversations or the taking of photos or videos in the workplace. Even if there is no rule, many employers will tell an employee who wants to record something that it’s not allowed. Presumably, there may be several legitimate reasons for the employer’s reaction to workplace recordings.... READ MORE

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) released Administrator’s Interpretation an  concerning joint employment under the Fair Labor Standards Act (“FLSA”). The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly and severally liable for compliance. It provides... READ MORE

What Happened? Earlier this year, the U.S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts a broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

Over the years, we have “followed” the NLRB’s analysis of employer social medial policies. Employee’s “Like” of Another’s Facebook Rant Is Protected The evolution continues. On October 21, in an unpublished opinion, the Second Circuit (with district courts in Connecticut, New York and Vermont) affirmed the NLRB’s August 2014 decision in the controversial Triple... READ MORE

The National Labor Relations Board (“NLRB”) has reviewed a number of private employer rules restricting off-duty employees’ access to employer facilities. In some cases, the NLRB has held that the employer’s rule was unlawfully overbroad because it granted the employer too much discretion to determine the business reason for an employee’s access.  In other... READ MORE

All Work and No Pay A recent provisionally approved settlement in a wage and hour class and collective action case serves as an important reminder for employers of the risks and potential costs of hiring interns to perform work without pay.  In Tart et al. v. Lions Gate Entertainment Corp. et al, two plaintiffs... READ MORE

Menorah Medical Center believed it was complying with the Kansas State peer review statute when it required peer review investigations be kept confidential, when it told employees that they were not allowed to bring a union representative to a peer review committee meeting and when it refused to provide peer review committee documents to... READ MORE

The National Labor Relations Board (“NLRB”) continues its efforts to find employee status for individuals historically considered to be independent contractors. In Sisters’ Camelot, a decision issued on September 25, 2015, the Board reversed an administrative law judge’s finding that canvassers hired by a non-profit organization for fundraising purposes were independent contractors. What Were... READ MORE