Attorney federal employment law

(1) D.C. Policy Update from the U.S. Chamber of CommerceOur top story: A progress report on labor and employment policy from the U.S. Chamber of Commerce. Marc Freedman is the Executive Director of Labor Law Policy for the Chamber. We caught up with him at our Annual Workforce Management Briefing to find out how things are shaping up at the Department of Labor (DOL), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC) under the new administration: … [Read more...] about Employment Law This Week September 18, 2017: D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule

The Wage Act is enforced by the Massachusetts Attorney General, but also provides a private right of action for aggrieved employees.The Wage Act is a strict liability statute. Even if unintentional, or through a mutual arrangement between an employer and employee (i.e., a deferral of wages), an employer who fails to timely pay wages will be subject to mandatory treble damages and attorneys’ fees.At the time of termination, an employer must pay all unpaid wages earned to date, which includes the payment of any accrued, but unused vacation time (where the employer offers paid vacation time to employees).Certain agents and officers of a company are personally liable for violations of the Wage Act.The Wage Act also prohibits retaliation against employees who have exercised their rights under the statute.Earned Sick Leave.  Massachusetts adopted an Earned Sick Leave Law effective July 1, 2015.  Under the statute, all employees in Massachusetts are entitled to … [Read more...] about Employment Law in Massachusetts: What Out-of-Staters Need to Know

An employee establishes “reprisal” under the Act by demonstrating that his or her disclosure was a “contributing factor” in an employer’s subsequent adverse action. The Act expressly states that an employee may satisfy this burden by presenting evidence: (1) that the person “undertaking the reprisal knew of the disclosure”; or (2) that the “reprisal” occurred within a sufficiently short period of time after the disclosure “such that a reasonable person could conclude that the disclosure was a contributing factor in the reprisal.” An employer may rebut this evidence by presenting “clear and convincing” evidence that the employer “would have taken the action constituting the reprisal in the absence of the disclosure.” … [Read more...] about Federal Stimulus Law Includes New Whistleblower Protections

Family and Medical Leave Act (FMLA) This year, the Third Circuit also ­­­rendered two significant decisions regarding the FMLA. In Lupyan v. Corinthian Colleges Inc. , No. 13-1843, 2014 WL 3824309 (3d Cir. Aug. 5, 2014), the Third Circuit held that, to establish that an employee received the written notice of rights required under the FMLA, the employer could not merely furnish affidavits from mailroom or HR personnel attesting that the notice had been mailed. In rejecting the so-called "mailbox rule," the court stressed that "[defendant] provided no corroborating evidence that [plaintiff] received the Letter." It specifically emphasized that "[t]he Letter was not sent by registered or certified mail, nor did CCI request a return receipt or use any of the now common ways of assigning a tracking number to the Letter." For more on  Lupyan  and ways to establish receipt of the FMLA notice, please see our prior  newsletter . … [Read more...] about 2014 Year in Review—the Top 10 Trends in New Jersey Employment Law

Protection of Social Media Accounts: Effective January 1, 2014, an amendment to the Illinois' Right to Privacy Act in the Workplace Act will go into effect. Since January 1, 2013, the Act has prohibited employers from requesting or requiring that employees or applicants provide passwords or related social media account information, or provide access to their profile on a social networking website. The amendment limits the scope of the Act's prohibition on requesting or requiring access to social media accounts. Following the amendment, employers will be permitted to access professional accounts where the employer has a "duty to screen employees or applicants prior to hiring or retain employee communications as required under Illinois insurance laws or federal law or by a self-regulatory organization" as defined by the Securities Exchange Act. A "professional account" is defined by the Act as an account, service, or profile used or accessed by a current or prospective employee for … [Read more...] about 2014 Legislative Developments Re: Labor and Employment Law