Blog Archives

Federal and State Governments Responds to Recent Data Breaches and Propose New Cybersecurity Laws

Over the past few months, major retailers and Internet content providers, like Target and Sony, have been victims of massive cyber-attacks resulting in the release of customer credit card data, private corporate e-mails, and copies of major motion pictures worth millions of dollars. Just a few weeks ago, Uber reported an attack on one if […]

New FLSA Regulations Set to be Released in First Quarter of 2015 Likely to Change America’s Overtime Pay Landscape

In March 2014, President Obama issued an Executive Order directing the Secretary of Labor to “update and modernize” the overtime exemption rules under the Fair Labor Standards Act (FLSA), (the “Act”), 29 U.S.C. 201 et seq., a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards in the private sector and in […]

New FMLA Regulations Expand the Definition of Spouse to Include Same-Sex Marriages

Rules governing family medical leave for gay couples will soon reflect the rapid changes sweeping the nation. Since the Supreme Court’s 2013 decision in United States v. Windsor, 133 S.Ct. 2675 (2013) courts across the nation have unraveled gay marriage bans in rapid succession, with marriage equality the law of the land in 37 states […]

Kmart Pays $102,048 to Settle Case Involving Discriminatory Urine Test

Kmart will pay $102,048 to resolve a discrimination case filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of Lorenzo Cook (“Cook”), a Maryland resident who alleges Kmart refused to offer him a job due to his inability to provide a urine sample. More specifically, according to the EEOC lawsuit, after Kmart offered […]

U.S. Supreme Court to Hear Oral Argument This Week in Abercrombie Discrimination Case

Another year has begun and it seems like the debate over Abercrombie and Fitch’s employee dress code policy shows no indication of stopping. Only this time – the U.S. Supreme Court is getting involved. By way of brief background, the case began in 2008, when Samantha Elauf applied for a sales associate position with Abercrombie […]

New Jersey Set to “Ban the Box” Beginning on March 1, 2015

On March 1, 2015, New Jersey will become the latest state to “ban the box” by prohibiting employers from inquiring into a job applicant’s criminal background during the initial stages of the hiring process. The law, titled the Opportunity to Compete Act (the “Act”), was signed by New Jersey Governor Chris Christie on August 11, […]

Facebook Post Lands Teacher in Hot Water

On January 18, 2015, two South Hills High School teachers were arrested for allegedly having sexual relations with students at the beach. According to the Orange County Sherriff’s Department, one of the teachers, Melody Lippert, met a group of male students at the beach, gave them alcohol and “engaged in a sexual relationship with one […]

RUMORS OF JOINT EMPLOYER LIABILITY FOR FRANCHISORS ARE GREATLY EXAGGERATED

Despite the hand wringing and pontifications that franchisors will now be deemed employers or joint employers of the employees of their franchisees, that is simply not the case. The long held protections enjoyed by franchisors in this regard are very much alive and well. Rumors of the demise of these protections began with a rather […]

Deflategate: Will the NFL Fumble Another Internal Investigation?

Conducting a proper in-house investigation into allegations of misconduct is no simple task – especially at the NFL. Last year, the NFL was reprimanded in the public arena for allegedly mishandling the investigation into Ray Rice’s February 2014 assault on his then-fiancée, Janay Palmer. Rice readily admitted to the incident and was suspended for two […]

Let It Snow, Let It Snow, Let It Snow: What Employers Should Remember When Bad Weather Hits

In addition to bringing nearly two-feet of snow, Winter Storm Juno has also brought a gust of wage and hour issues for employers. Unfortunately, it is likely not the last time this winter that employers will have to consider whether employees who do not attend work due to inclement weather must be paid. By way […]