Fourth Circuit Adopts New FLSA Joint Employer Test
Submitted by Ali Law Group PC on February 21, 2017 On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit* adopted a new six-factor test to determine whether two or more entities are joint employers under the Fair Labor Standards Act (“FLSA”). Salinas v. Commercial Interiors Inc., No. 15-1915, ___ F.3d ___, […]
DOL Fiduciary Rule in Jeopardy: How Employers Can Protect 401(K) Investors
Submitted by Ali Law Group PC on February 15, 2017 President Trump has signed an executive order instructing the Department of Labor (DOL) to “rescind or revise” the controversial ruling passed last year imposing a “fiduciary rule” on retirement accounts. With an applicability date of April 10, 2017, the rule broadly defines who is a “fiduciary” […]
Employer’s “Honest Belief” Defeats FMLA Retaliation Claim
Submitted by Ali Law Group PC on February 7, 2017 On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave can be enough to defeat a retaliation claim under the […]
Does Your Employee Handbook Violate the NLRA?
Submitted by Ali Law Group PC on December 7, 2016 The National Labor Relations Act (NLRA) is an under-utilized law protecting union and non-union employee rights. Many employers do not realize that it applies to them, but the NLRA actually applies to just about every private employer whether or not your workplace is unionized. Section […]
Former Trader Joe’s Employee Says He Was Fired for Not Smiling
Submitted by Ali Law Group PC on November 18, 2016 Ex-Trader Joe’s employee Thomas Nagle recently filed an unfair labor practices charge with the National Labor Relations Board (NLRB) against the health and gourmet food chain headquartered in California with more than 400 stores nationwide. In addition to complaining of workplace hazards and harassment by […]
Recordkeeping During Natural Disasters
Submitted by Ali Law Group PC on November 2, 2016 Did you know the FLSA’s recordkeeping requirements still apply during natural disasters? It’s true. The Fair Labor Standards Act (FLSA) does not provide any relief from its record-keeping requirements due to weather-related emergencies. Thus, employers must still maintain accurate records of time worked. As nonexempt […]
Orlando Judge Rules in Favor of Disney in H-1B Racketeering Suits
Submitted by Ali Law Group PC on October 18, 2016 A federal judge in Orlando, Florida dismissed lawsuits by former Walt Disney Company employees claiming that Disney and the outsourcing firms it contracted with made false statements on certifications for H-1B temporary visas and conspired to violate visa laws. H-1B visas are intended for foreigners […]
When Corporate Security Policies Conflict with Labor Laws
Submitted by Ali Law Group PC on August 9, 2016 Bridgewater Associates is under scrutiny for what has been described as a culture of surveillance and intimidation. Bridgewater manages billions of dollars and is the world’s largest hedge fund. A Bridgewater employee for five years, Christopher Tarui filed a complaint in January alleging that he […]
Court Bans the Use of Forced Arbitration Clauses in Employment Contracts
Submitted by Ali Law Group PC on July 12, 2016 The U.S. Court of Appeals for the Seventh Circuit’s recent decision in Lewis v. Epic Systems Corporation turns up the pressure on the U.S. Supreme Court to address the issue of the enforceability of class action waivers in mandatory arbitration agreements. The court in Lewis […]
States Seek Restrictions for Noncompete Agreements
Submitted by Ali Law Group PC on July 5, 2016 Nearly one fifth of the nation’s work force are subject to mobility-restricting noncompete agreements, however, several states are now looking to free workers from these agreements. On June 29, 2016, the Massachusetts House of Representatives voted unanimously 150-0 to pass a bill on noncompete reform. […]
EEOC Settles Background Check Litigation with BMW
The EEOC recently entered a settlement agreement with BMW for $1.6 million stemming from a lawsuit the EEOC filed in July 2013 alleging that BMW violated Title VII by implementing and utilizing a criminal background policy that allegedly disproportionately screened out African Americans from jobs, and rejected job applicants with convictions without considering whether the […]
Uber Challenges Class Certification
Submitted by Ali Law Group PC on July 20, 2015 Drivers for Uber, the ride service, filed a class action lawsuit claiming they have been misclassified as independent contractors and are entitled to be reimbursed for expenses and improperly withheld tips. Uber has countered, filing a motion to oppose the certification of a class-action lawsuit. […]