Industry News

In the wake of recent shootings at a FedEx facility and a Georgia county courthouse, where individuals may lawfully carry guns and whether and how organizations may limit that ability continue to be controversial issues that businesses, organizations, and the public face throughout the nation. A number of states have addressed the issue, with Georgia being one of the most recent to do so with the enactment of The Safe Carry Protection Act.

Comcast’s Win Encourages ISPs To Fight User-Data Requests

For the sixth year in a row, the number of federal lawsuits claiming wage and hour violations has significantly increased, while the amount of employment and other litigation has generally been level or declined over the same period. Wage and hour cases typically claim either that the defendant employer is not paying for all hours worked or that an individual, or a class of individuals, have been misclassified as exempt from overtime or as independent contractors. In many instances, employers are surprised to learn they are violating the law or, perhaps worse, that their records and practices are not good enough to show that a claim is completely invalid.

A recent National Labor Relations Board (“Board”) decision restricting a company's ability to prohibit off-duty employees from being at the worksite is yet the latest example of how the Board is moving quickly to strike down common, everyday policies and further restrain companies in areas once held inviolate.

Most employer-sponsored benefit plans – life, health, disability, and retirement – have some division of responsibilities between the employer/plan sponsor and other entities, who may be insurance companies, investment advisors, brokers, or other third party administrators. This division is generally a good thing for all involved, as organizations know their employees and can manage certain functions more efficiently than outside vendors, and vendors have valuable expertise for certain functions.

It is no secret that the National Labor Relations Board (NLRB) has been expanding its authority into union-free workplaces and is on the verge of issuing major decisions that will implement changes which benefit unions, increase the likelihood of unionization, and make it easier for employers to be found in violation of the National Labor Relations Act (NLRA). If the NLRB's recent requests for public input are any indication, these changes may soon be upon us.

It’s no secret that the Internet is a way to attract new customers. Positive reviews on Yelp!® or Angie’s List® can drive business to the doors of restaurants, medical professionals , plumbers, DUI attorneys, and all types of service providers. Unfortunately, false negative reviews can just as quickly scare customers away, and because most review sites allow posts to be made anonymously, you might have no idea who defamed you. Maybe a competitor is behind it, but unless you uncover his or her identity, you will have no way to recover damages for the harm you have suffered. Enter the “John Doe” lawsuit.

Learn about questions on an employment application that could elicit information within the protection of these statutes that could become a liability for a business if an employment decision is made based on protected information.

Chances are your organization's largest investment is its employees, especially when fixed costs, such as compensation and benefits, are added together with the multitude of variable expenses. Determining if you are getting a good return on your investment is imperative to the long-term success of your business, but there is a hidden factor which must be considered in the equation – disengaged employees.

It is no secret that today’s restaurants face stiff competition. New chefs, constantly-changing dining trends, a “foodie” culture, and rising costs all threaten the long-term success and viability of virtually every dining establishment. What if we told you, however, that one of the biggest risks facing your restaurant does not relate to these issues, but instead to the possible departure of your restaurant’s employees and confidential information?

General Motors has recently come under criticism for issues linked to the ignition systems in some of its vehicles. In response, the Company hired outside counsel to conduct an investigation into the matter.

Read this article to learn more about how social media is impacting restrictive covenants.

The Consumer Finance Protection Bureau (“CFPB”), created pursuant to the amendments to the Dodd-Frank Wall Street Reform and Consumer Protection Act, is an independent agency responsible for consumer protection in the financial sector. Its scope of jurisdiction covers many financial services, including banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, forfeiture relief services, debt collectors and many others.

On January 14, 2014, a divided Sixth Circuit panel in Deleon v. Kalamazoo County Road Commission[i] ruled that a lateral transfer constituted an adverse employment action, reversing the district court’s decision that granted summary judgment to the employer on the employee’s federal race, national origin, and age discrimination claims. In so doing, in my opinion, the Sixth Circuit improperly applied a broader definition of adverse employment action to the employee’s discrimination claims.

Employer practices of using credit and criminal background checks to screen potential hires is under heightened scrutiny by the federal government as well as many state and local governments. Yesterday, however, a federal court of appeals dealt a significant blow to the U.S. Equal Employment Opportunity Commission's efforts in challenging credit checks.