Labor and Employment

Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

September 15, 2014

The owner of a medical clinic that improperly deducted the cost of H-1B visas and J-1 waiver fees from wages of foreign workers was found personally liable for back pay and fines by the Sixth Circuit Court of Appeals.

Positive Drugs Tests On The Rise

September 15, 2014

The rate of positives has increased for the first time in ten years, with increased consumption of marijuana and amphetamines said to account for much of the surge.

California Mandates Paid Sick Leave

September 11, 2014

Employers in California will be required to provide paid sick leave under a bill signed by Gov. Jerry Brown (D) […]

NLRB Clarifies Limits On Employee Social Media Speech

September 10, 2014

The National Labor Relations Act protects the right of employees to organize and engage in other activities “for the purpose […]

CA Supreme Court: Franchisor Off The Hook In Employee Harassment Case

September 9, 2014

The California Supreme Court has ruled that franchisor Domino’s Pizza was not liable in a case involving sexual harassment of […]

If a Tree Falls on the Internet … An Insurer Has a Duty to Defend

September 8, 2014

Confidential information posted online is enough to trigger claims for data privacy, even if no one reads it, a Virginia federal court found in a case where patients uncovered their own medical records using a simple Google search.

OSHA To Refer Untimely Whistleblower Complaints to the NLRB

September 8, 2014

OSHA’s Assistant Secretary of Labor has pressed Congress to extend the 30-day statute of limitations for whistleblower complaints, but until then the agency said it plans to refer complaints filed after that time period to the NLRB.

Fires, Rehires And Non-Competition Agreements: Termination of Employment, No Matter How Brief, May Start the Clock to Run

September 8, 2014

The Indiana Court of Appeals found that an employee’s non-compete clause was voided when he was fired, though he was re-hired within days.

“Wage Theft” – New Name, Same Concern

September 8, 2014

There were more references to “wage theft” in U.S. newspapers during the last six months than there were in the entire span from 2000 to 2010, says Sam Diehl with Gray Plant Mooty, but the term is just a new way to describe violations of wage and hour laws.

Sunrise Brokers LLP v Rodgers: Responding To An Employee’s Breach Of Contract

September 8, 2014

In the case of an employee who took a new job, in direct violation of the one-year notice period mandated by his employment contract, the UK’s High Court found the employer could refuse to allow the worker to resign.

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