Under the National Labor Relations Act (NLRA), the federal law that regulates union activities and labor-management relations, employees who are "guards" are treated differently than other nonsuperviso-ry employees...
Employment Law Letter
The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) recently reversed a district court decision in favor of an employer and held that comparator information may be discoverable (exchanged as...
Volunteers make the accomplishments of Michigan's nonprofit organizations possible. Although they're critical to the nonprofits' operations in the state (and elsewhere), be aware their good deeds may not go unpunished...
The U.S. 2nd Circuit Court of Appeals (whose decisions are binding on federal courts in Connecticut, New York, and Vermont) has issued a ruling that provides significant guidance on overtime exemptions for professional...
The rules surrounding medical examinations under the Americans with Disabilities Act (ADA) can be tricky. The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado, New Mexico, Utah, and Wyoming...
Before practicing law, I had another life. I was a 20-something trying to make my way in Hollywood—going to auditions, taking classes, meeting actors, directors, and managers, doing plays and showcase pieces—and I had a...
A recent decision from an Ohio appellate court highlights the importance of establishing "but-for" causation in retaliation claims. Facts Andre Smith, an African-American man, began working for Allstate as a coaching...
The Fair Labor Standards Act (FLSA) provides some narrow exemptions that keep employers from paying overtime to certain employees who work more than 40 hours per week, including work in a bona fide "executive...
Restaurant chain Whataburger faces a wrongful death lawsuit following the workplace death of an employee who had complained of chest pain and illness. The suit alleges the company was negligent and seeks more than $1...
The FBI is cracking down on fake companies pretending to employ students under the Optional Practical Training (OPT) program, which grants students F-1 visas to work for companies. The program's intent is to provide U.S...
Outbreaks of influenza and other viruses aren't unusual during the winter months. Once in a while, a particularly virulent viral strain captures the headlines. Such villains include the "Spanish flu" of 1918, SARS in...
It has always been considered rude to ask friends and family about their salaries, but such a question used to be pretty standard fare when an employer interviewed job applicants. In 2019, the New York Labor Law (NYLL)...
In January 2020, the unemployment rate was 3.6% (up slightly from the 50-year low of 3.5% in September 2019). According to WalletHub, Scottsdale was ranked the top community for jobseekers out of 180 cities. Also in the...
California Assembly Bill (AB) 5, which Governor Gavin Newsom signed in late 2019, codified into law the landmark California Supreme Court ruling in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, which...
A nurse who sued her staffing agency for wage and hour violations filed a second lawsuit for the same violations against the hospital to which she was temporarily assigned. The staffing agency intervened in the second...