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President Obama Strikes (Signs) Again with the Fair Pay and Safe Workplaces...

Photo Credit: Bloomberg / Getty Images Employers will have to report previous labor law violations to bid for federal government work beginning soon. On the heels of President Obama’s executive order...

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Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful...

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head...

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DOL Proposes Rules For Compliance With Obama’s Fair Pay And Safe Workplaces...

Last summer, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which requires government contractors hoping to secure contracts of over $500,000 to disclose state and federal...

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Employees vs. Independent Contractors: The DOL Weighs in on Worker...

Yesterday, the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation that provides some important new guidance on the standard for classifying workers—as employees or independent...

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Can Your Non-Union Workers Strike? Yes, They Can.

If your employees don’t have a union and they stop working, can you discipline them? In a recent decision, an Administrative Law Judge for the National Labor Relations Board said not if it is a true...

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Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an...

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President Trump—How Will He Change the Courts and What Does that Mean for...

In this final post in a three-part series on what employers can expect from the new Trump administration, we consider possible Supreme Court nominees and future rulings affecting labor and employment...

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Class Warfare: Supreme Court Agrees to Hear Cases on Arbitration Class Action...

The NLRB wants to stop class action waivers in employment arbitration agreements, arguing they violate the National Labor Relations Act. This issue has been raging for several years and divided...

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Son of Noel Canning? Worst Blog Title Ever? Supreme Court Takes Another Shot...

How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy...

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Blacklisting Executive Order Blacklisted

President Obama and his EO’s Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his...

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Parting of the Joint Employers: Trump DOL Withdraws Past Guidance on...

Yesterday the U.S. Secretary of Labor Alexander Acosta announced the Department of Labor’s withdrawal of guidance on independent contractors and joint employer liability issued in 2015 and 2016 by the...

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Another Facially Neutral Employment Policy Bites the Dust

About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s...

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WELCOME (?) BACK! DOL Reinstates Wage and Hour Opinion Letters – Should it...

The U.S. Department of Labor recently announced that it will revive its practice of publishing opinion letters to provide guidance to employers and employees on wage and hour issues. This change (after...

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The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected...

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination...

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Ahead of Schedule? What Oregon’s Fair Work Week Bill Means to the Retail,...

In case you didn’t know, Oregon enacted the “Fair Work Week” law, making it the first state to legally restrict the scheduling practices of employers in the service sector. The highlights include: an...

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Does the Shutdown Shut Off FLSA Obligations to Unpaid Government Workers?

The U.S. federal government shutdown has continued for more than a month, with no probable end in sight. While many government employees are furloughed, an estimated 420,000 others are deemed...

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Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full...

Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama,...

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Recent Developments in the Battle of Independent Contractors vs. Employees

We’ve posted on this topic several times before but the battle between independent contractors and employees continues. Here’s a brief refresher on the basics of why proper classification of employees...

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Update: Maximum Ending for Alabama Minimum Wage Suit? Eleventh Circuit...

Ever wonder what happened with the minimum wage fight that has been going on between Alabama and Birmingham? Well, here is the latest — the full panel on the Eleventh Circuit has now spoken: the...

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Whistleblower Activity Drives False Claims Act Suits in 2019

Companies that work with the federal government (think government contracts, grant funding, and Medicare and Medicaid reimbursements) need to stay up to date on the federal False Claims Act (FCA)....

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