Author Archives: Eric Welter

The Complaint Came Too Late: J.P. Morgan Caught Filing FINRA Complaints After Firing Whistleblower

A former broker for J.P. Morgan Chase was fired by the bank due, in part, to complaints about him filed by current and former customers with the Financial Industry Regulatory Authority (FINRA). However, later investigations determined both that some of … Continue reading

Posted in Confidentiality, New York, Retaliation, Securities & Exchange Commission, Whistleblower, Wrongful Termination | Leave a comment

Unlimited Time or Unlimited Trouble? San Francisco Startup Offers Ex-Employees Cash to Avoid Suits Over PTO Policy Problems

A high-profile California technology startup that provides online access to insurance and human resource management solutions for small businesses, has found itself in the ironic position of offering to pay cash to former employees to avoid legal liabilities associated with … Continue reading

Posted in Accrued Time, California, Compensation, Employee Policies & Procedures, Medical Leave, Vacation Policies | Leave a comment

U.S. Department of Labor Expands State-Level Partnerships to Enforce Employee Classification Standards

On August 13, 2015, the U.S. Department of Labor announced the formal signing of a three-year Memorandum of Understanding (MOU) between DOL and the Alaska Department of Labor and Workforce Development for the purposes of sharing information and coordinating law … Continue reading

Posted in DOL, Employee Classification, Hiring, Independent Contractors, Uncategorized, Wage and Hour | Leave a comment

Government Contractors Face a Continuing Wave of Executive Orders on Labor & Employment

Recognizing the impact of the federal government’s contractor workforce as a standard-bearer for labor practices, the Obama administration has continued to issue executive orders that seek to strengthen the protections afforded to personnel within the federal contracting environment.

Posted in Compensation, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Family Leave, FMLA, Government Contractors, Hiring, HR, Medical Leave, Minimum Wage, Overtime | Leave a comment

Local Ordinances on Paid Sick Leave Complicate Employee Benefit Strategies and Standards

On June 24, 2015, the Montgomery County, Maryland Council unanimously approved the Earned Sick and Safe Leave Bill. The law goes into effect on October 1, 2016 and provides paid sick leave to all employees in Montgomery County, Maryland. Employers … Continue reading

Posted in D.C., Maryland, Sick Leave | Tagged , , | Leave a comment

New Jersey Supreme Court: Taking Employers’ Documents Is Theft

The New Jersey Supreme Court recently affirmed that employees who take or copy their employer’s documents can be prosecuted for theft by unlawful taking. In State v. Saavedra, — A.3d –, 2015 WL 3843764 (N.J. 2015), the court acknowledged that … Continue reading

Posted in Whistleblower, Workplace Crime | Tagged , , , , | Leave a comment

Court Finds that Unpaid Internships Are Legal Where Educational Benefit is Clear

A federal appeals court ruled in July 2015 that Fox Searchlight Pictures did not violate minimum wage laws by employing unpaid interns on the set of the film “Black Swan”. The ruling sets aside a lower court’s decision and sends … Continue reading

Posted in DOL, Minimum Wage, Wage and Hour | Tagged , , | Leave a comment

4 Ways Employers Can Improve Data Security and Reduce Risk in a BYOD World

Personal electronic devices are a fixture of daily life in the modern era. In the United States, nearly every adult, on average, owns at least one personal electronic device (laptop computer, smartphone and tablets etc.), and increasingly, those who own … Continue reading

Posted in BYOD, Employee Policies & Procedures, Government Contractors, Technology | Tagged , , , | 1 Comment

Companies Must Consider Impact on Culture, Compensable Time with Employee Security Searches, Particularly In California

On December 9, 2014, the United States Supreme Court issued a much-anticipated decision in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), holding that the time warehouse workers spend undergoing security searches before leaving each day is … Continue reading

Posted in California, Compensable Time, Fair Labor Standards Act, FLSA/Overtime, Wage and Hour | Tagged , , , , , , | Leave a comment

An Employer’s Effective Accommodation Under The ADA Need Not Be An Employee’s First Choice

The Second Circuit recently affirmed the Southern District of New York’s grant of summary judgment to technology giant IBM, finding that the provision of real-time, on-call American Sign Language interpreters and/or written transcripts to a deaf software engineer was an … Continue reading

Posted in ADA, Disabilities, Discrimination, Reasonable Accommodation | Tagged , | Leave a comment

Updated EEOC Guidance Tightens Pregnancy Discrimination Guidelines in Response to Young vs. UPS Decision

On June 25, 2015, the Equal Employment Opportunity Commission (EEOC) issued an update of its Enforcement Guidance on Pregnancy Discrimination and Related Issues (Guidance), along with a Q & A document and a fact sheet for small businesses.

Posted in Discrimination, EEOC, Pregnancy Discrimination Act, Reasonable Accommodation, SCOTUS, U.S. Supreme Court | Tagged , , , | Leave a comment

Staples Decision Reiterates the Importance of FMLA Notifications for Employers

On June 4, 2015, the Department of Labor issued a News Release entitled “Staples to pay fired employee $275K in wages, benefits and damages after failing to inform him of job protections to care for ill family member.” A review … Continue reading

Posted in Family Leave, FMLA, Medical Leave, Retail, Sick Leave | Tagged , | Leave a comment

New OFCCP Discrimination Rules on the Horizon for Federal Contractors

Federal contractors should be on the lookout for new OFCCP rules this fall and winter instituting new reporting requirements for federal contractors and updating federal contractor regulations regarding sex and gender discrimination. These new rules demonstrate significant changes to contractors’ … Continue reading

Posted in EEOC, Equal Pay, Government Contractors, OFCCP, Sexual harassment, Wage and Hour | Tagged | Leave a comment

California Employers Cannot Rely on PAGA Claim Waivers in Arbitration Agreements with Employees

California’s Private Attorneys General Act of 2004 (PAGA) permits an “aggrieved employee” to bring a private right of action against an employer to recover civil penalties for specifically enumerated violations of the California Labor Code. See Cal. Lab. Code §§ … Continue reading

Posted in Arbitration, California, Uncategorized | Tagged , , , , , | Leave a comment

Abercrombie Decision Places Burden on Employers to Avoid ‘Accidental’ Discrimination in Pre-Employment Practices

Employers looking to project their brand through the “look” of their employees take notice: Ignorance of an employee’s need for religious accommodation is not a shield against liability.

Posted in Hiring, Pre-Employment, Religious Discrimination, U.S. Supreme Court | Tagged , , , | Leave a comment