Articles and Blogs

Employees in the private sector have a legally protected right to engage in concerted activity for their mutual aid and protection. The NLRB has interpreted this to mean that employees have the right to discuss among themselves ongoing confidential investigations initiated by the employer in response to workplace complaints. An employer that requires or... READ MORE

Executive Summary A recent policy memorandum issued by the U.S. Citizenship and Immigration Services (“USCIS”) sets binding precedent for notifying USCIS and the Department of Labor when beneficiaries are relocated to new worksites in geographical areas not specified in original H-1B petitions. Under this memorandum, when a beneficiary’s new worksite is outside the “area of... READ MORE

On July 15, 2015, the U. S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts the 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

On July 1, 2015, new legislation aimed at helping victims of stalking and domestic violence maintain their employment went into effect. Specifically, House Enrolled Act (“HEA”) 1159, codified at I.C. 22-5-7 et seq., prohibits Indiana employers from terminating an employee based on: (1) the filing, by the employee, for a petition for a protective... READ MORE

On July 1, 2015, amendments to Indiana’s wage assignment and wage payment laws went into effect.  These amendments allow for additional employee paycheck deductions and also reduce the potential damages to be charged against an employer for making an improper deduction. Changes to the Wage Assignment Statute Sometimes, as a matter of convenience, an... READ MORE

On June 26, 2015, the Supreme Court of the United States handed down a landmark opinion in Obergefell v. Hodges, holding that same-sex couples may exercise the fundamental right to marry in all 50 states and that there is no lawful basis for a state to refuse to recognize a lawful same-sex marriage performed... READ MORE

The U.S. Department of Labor (“DOL”) has officially proposed a significant increase to the salary requirement governing which executive, administrative and professional employees are entitled to the Fair Labor Standards Act’s minimum wage and overtime pay. In order to be exempt from minimum wage and overtime, an employee must be a bona fide executive, administrative... READ MORE

On June 22, 2015, a jury awarded two employees of a grocery warehouse $2.2 million in what may be the first case to go to a jury under the Genetic Information Nondiscrimination Act (“GINA”). It serves as a heads-up for employers. A Cheek Swab to Match DNA of the Culprit In this case, the employer... READ MORE

On June 15, the Supreme Court of Colorado in Coats v. Dish Network ruled in a 5-1 opinion that Dish Network did not violate Colorado state law when it terminated Coats, a former employee and also a medical marijuana patient, for failing a drug test despite that the failure was caused by off-the-clock medical marijuana... READ MORE

Now that the summer vacation season is officially upon us, it is important for employers and their nonimmigrant workers to consider the potential risks nonimmigrant workers face when traveling internationally prior to the start date of an approved H-1B petition. According to an informal immigration policy known as the “Last Action Rule,” the last... READ MORE