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Employment Disputes Archives

'Epic Systems,' and the 3rd Circuit's Ruling on Class Waivers

The Supreme Court recently made an epic decision regarding employee's rights. In a 5-4 ruling on May 21, the 3rd circuit found in favor of the employer in the case of Epic Systems Corp. v. Lewis. The decision supports employers' right to force employees to settle their disputes via individual arbitration.

Sexual Harassment Claims for McDonald's Escalate as Sanford Worker Joins In

The massively popular fast-food restaurant chain McDonald's is facing serious sexual harassment allegations involving 10 employees spread across nine different cities. Backed by two national advocacy groups, the employees allege that they were groped and exposed to lewd comments, indecent exposure, and sexual propositions at the hands of their supervisors. A 15-year-old girl from St. Louis is among the list of claimants.

Supreme Court Decision Delivers Blow To Workers' Rights

A recent decision by the U.S. Supreme court will have a major impact on the rights of private, non-union employees to move forward with class-action lawsuits. The case, which was decided in a 5-4 vote, concluded that the provisions of 1925 Federal Arbitration Act overrides the National Labor Relations Act of 1935.

Supreme Court Denies Review to DirecTV in Joint-Employment Case: What This Means Nationwide

The U.S. Supreme Court has recently denied a request to weigh in on the Fair Labor Standards Act (FLSA) joint employment case, DirecTV v. Hall. A Fourth Circuit ruling in January of 2017 found that satellite installation technicians, who were treated as independent contractors, were actually jointly employed by DirecTV and the intermediary companies providing the installation work. The request was brought about based on the argument that the courts ignored a previous standard in favor of a new one.

How​ ​A​ ​Startup's​ ​Legal​ ​Battle​ ​Could Redefine​ ​Tech​ ​Workers'​ ​Rights

Contracts that prevent employees from working for competitors after terminating their current employment are commonly known as non-compete agreements. These agreements are common practice for many Florida businesses. They are designed to, among other things, protect your business from unscrupulous employees who may try to share trade secrets and other proprietary information with their new employers.

Florida's Whistleblower Laws Are an Exception to At-Will Employment

Florida, like many other states, enforces an at-will employment policy. This set of rules allows employees and employers to terminate their working relationship at any time, for any reason, without warning. The caveat to this rule is that actions by employers must not be considered discriminatory.

What Employers Can Learn From Google's Recent Diversity Battle

Google's recent controversy over a 10-page memo written by a male employee who claimed women were biologically and emotionally inferior to men is one in a string of recent highly publicized eruptions of bias in the workplace. In addition to the outrage caused by the memo itself, the company's initial response was seen as rather lackluster, and there was concern that other employees may have agreed with the memo.

Can Off-Duty Bad Conduct Warrant Termination?

The division between personal and work life often becomes blurred, especially if the person in question functions as a very public representative of the company that he or she works for. For most people, though, it is still possible to keep personal lives separate from work. However, this hasn't stopped employers from terminating workers who behave in unsavory ways off the clock. Whether this is appropriate, though, depends on the situation.

Second Circuit Rules Facebook Rant Was Protected Activity

A recent 2nd Circuit court ruling will affect how employers have to deal with employees who make profane comments about their place of employment or associated workers outside of work time. The April 21st ruling noted that an employee's Facebook rant, in which the employee used profanity to describe a supervisor, was protected speech because the employee was in the middle of union talks and then used the post's subject matter to promote the union. The employee had been fired for the rant, but the court's decision means that now, firing for a similar situation will not be the go-to option for employers.

How To Prevent Criminal Record Employment Discrimination

As an employer, you know that the process of screening and hiring new applicants comes with a significant level of responsibility. You want to make the best possible decisions, ensuring that new hires will be able to safely and reliably perform the duties of the job and fit well into your overall company culture. You are tasked with the need to conduct a thorough screening process while also carefully avoiding any real or perceived violations of state and Federal anti-discrimination laws.

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