On November 22, 2022, a Virginia Walmart employee reportedly opened fire in a staff break room, killing six co-workers and injuring several others. On January 23, 2023, a California mushroom farm employee shot and killed seven people at two locations, one of which was his place of employment. These tragedies are just two examples of
Unlocking the Handcuffs: Department of Justice Obtains Guilty Plea in “No-Poach” Hiring Agreement Case
The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000. The case arose out of a concerted effort by the Federal Trade Commission and DOJ, first announced in 2016, to target companies who enter into agreements with competitors to
More Than $230,000 Later, Staffing Company Resolves Issues Related to Data Breach
Recently, a staffing company agreed to, among other things, pay Massachusetts $230,000 to settle a lawsuit related to a data breach. In December 2020, the staffing company learned that its network had been compromised. It received communication from a third-party who encrypted files in the staffing company’s network and threatened to publicly release sensitive data.
This Week in COVID-19 News: Federal Workers, Department of Labor Advice, and OSHA ETS
Even though the calendar has not even turned to February, we already have seen major updates on the federal government’s COVID-19 rules and guidance. This past week proved no different. On Friday, January 21, 2022, a Texas federal judge blocked, on a nationwide basis, President Biden’s executive order mandating that federal workers get a COVID-19
Department of Labor Releases FAQ and Template for Required Notice of COBRA Premium Subsidies
Under the American Rescue Plan Act (ARPA), certain individuals are eligible to receive fully subsidized COBRA coverage for a six-month period which began on April 1, 2021. The APRA also requires that employers notify affected individuals of this benefit by May 31, 2021. Thankfully, last week, the Department of Labor issued template notices and a
No. It is Not Okay to Travel to Thailand or Threaten Co-Workers While on FMLA Leave.
What do you consider while daydreaming about the end of the pandemic? If it is pondering what actions employees may take while out on FMLA leave, you’re in luck. You need look no further than a case currently pending in federal court in Illinois for an illustrative example.
In Yelp Inc. v. Smith, the
When Can an Employee Be Discharged for Using Racially Charged Language in a Political Social Media Post? The Sixth Circuit Court of Appeals Has Thoughts on the Matter
Recently, one federal court of appeals validated an employer’s decision to discharge an employee for posting a racially charged political statement on social media. In particular, the employee (a white Nashville emergency dispatcher) made a Facebook post related to President Trump’s victory following the 2016 election that included racial slurs. The employee subsequently removed the
When Can You Take FMLA Leave? Not to Care for Your Sick Sister’s Children Says an Ohio Federal Court
Recently, an Ohio federal court rejected an individual’s claim of entitlement to FMLA leave to care for his sister’s children. In Brede v. Apple Comput. Inc., N.D. Ohio No. 1:19-cv-2130, 2020 U.S. Dist. LEXIS 11275 (Jan. 23, 2020), the plaintiff argued that his former employer interfered with and retaliated against him for using FMLA
Not an April Fool’s Day Joke – Labor Department Proposes Regulation to Limit Joint Employer Wage and Hour Liability
On April 1, the U.S. Department of Labor proposed a new regulation for determining a company’s joint employer status under the Fair Labor Standards Act. When two companies are deemed joint employers, they share responsibility for the workers’ wages, which include the payment of minimum wages and overtime. Under the new rule, the Labor Department
The Joint-Employer Dance Continues: the NLRB’s Most-Recent Twist to the Judiciary’s Less-Recent Turn
Feel like the government shutdown has reduced news coming out of the federal administrative agencies? If so, January 17, 2019 likely provided a spark to your week. Last Thursday, National Labor Relations Board (“NLRB”) Chairman John Ring issued a letter which served as the most-recent move in the NLRB’s joint employer dance.
In his letter,