Employment Law

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The Southern and Eastern Federal Districts of New York are among the top five districts nationwide for FLSA lawsuits.
A former Port Arthur chemical company president has pleaded guilty to occupational safety crimes in federal court. The former head of Port Arthur Chemical and Environmental Services admitted to violating OSHA by allowing a driver to haul a load so toxic it killed him.
Here’s a new twist on protected activity and retaliation: Apparently an employee can complain about wage-and-hour issues to the wrong agency—even one that has nothing to do with enforcing labor laws—and still gain protection from retaliation.
Q. If we use independent contractors as drivers/couriers, can they use our company cars?
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.
The U.S. Supreme Court in June issued two highly anticipated decisions addressing same-sex marriage in cases that resonated nationwide and in California. The cases are significant for employers because they are likely to have ripple effects on state, federal and local laws, in particular those dealing with employee benefit plans, taxation and immigration.
As promised, the IRS has released guidance on the implications of the Obama administration’s decision to wait until 2015 before enforcing the Affordable Care Act’s requirement for employers of 50 or more to provide health insurance benefits.
The National Labor Relations Board last month ordered a New York City tour bus company to reinstate a tour guide that it fired for his anti-company Facebook posts. It said his postings were considered “protected concerted activity” that related to the employer’s working conditions.
Seeking performance appraisal input from too many employees can cause problems if you’re sued by a terminated worker. The wider a net you cast, the more likely someone will be called to testify about his or her opinion of the discharged employee’s performance. The problem: If any of those co-workers retire, quit and move on, you may have trouble tracking them down.
The Senate Health, Education, Labor and Pensions Committee on July 24 voted 13-9 to send President Obama’s National Labor Relations Board (NLRB) nominees to the floor for confirmation by the full Senate.