When employers consider whether or not to make an adjustment in job duties or work schedule in order to accommodate an employee with a disability, the question is complicated by the fact that the answer may depend on an opinion, ultimately that of a judge or a jury. Two recent court decisions in Connecticut, one…
On December 14, 2017, many employers probably celebrated when they learned that the Browning-Ferris standard for joint-employer liability had finally been overruled. In the 2015 Browning-Ferris decision, the National Labor Relations Board (the “NLRB”) greatly expanded the standard for joint-employer liability, and found that indirect control and even control that is reserved, but not…
In a unanimous decision earlier this week, the Supreme Court ruled that protections afforded by the Dodd-Frank Act to “whistleblowers” – employees who report suspected violations of securities laws – apply only to reports to the SEC, not employees’ internal reports of misconduct to their supervisors. In other words, the Court narrowed the protection against…
Many businesses bring on extra help for temporary or seasonal needs, and some even do all their hiring from the ranks of such workers, a practice known as “temp to perm.” Often the easiest way to find this kind of help is to contract with a staffing agency. But not all companies understand the details…
The headlines seem to be filled with stories of workplace harassment. Employers are feeling pressure to respond quickly and appropriately to complaints of harassment. How that is done is important as the investigation can cause a myriad of unanticipated legal problems. A new decision by the National Labor Relations Board (NLRB) reminds us that…
On January 31, 2018, the Secretary of Homeland Security announced that an extension of the Temporary Protected Status (TPS) designation for Syria was warranted, given that the armed conflict and extraordinary conditions supporting Syria’s original designation for TPS are ongoing. Having reached this determination after discussion with interagency partners, Syria’s TPS designation has been extended…
For those of you with employees in Massachusetts, you need to be aware of two significant changes with respect to pay equity and pregnancy accommodations. These changes also serve as a reminder to employers that they need to stay focused on disseminating and enforcing policies on harassment of all kinds.
On April 1, 2018, the Massachusetts…
Those of us who have occasion to visit our local, state or federal criminal courts do not expect to see law enforcement officers, particularly federal U.S. Immigration and Customs Enforcement (“ICE”) officers, enter such respected and orderly places to arrest targeted foreign nationals for civil immigration violations leading to their removal or deportation from the…
The answer to this question is “not necessarily.” After the FY 2018 H-1B lottery, many participating U.S. employers and beneficiaries breathed a sigh of relief and gave a hearty cheer when their checks for the H-1B filing fees were cashed and a United States Citizenship and Immigration Services (“USCIS”) receipt notice was received for their pending…
2018 is likely to see activity from the Department of Labor to increase the minimum salary amounts for overtime exempt employees. As you may recall, one of the most significant developments out of the Department of Labor in the recent past was the effort to increase this minimum salary under the Fair Labor Standards Act.…