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Constangy, Brooks & Smith, LLP Document Search Results (82)

 

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HTMLUnion's Litigation Tactic Backfires
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 31, 2013, previously published on October 28, 2013
The United Food and Commercial Workers Union apparently thought it could organize an Arizona bakery by suing the bakery for violations of the Fair Labor Standards Act and refusing to go away unless it got card-check recognition and a neutrality agreement - even after the bakery paid everything it...

 

HTMLSupreme Court Takes Up Challenge to "Fair Share" Agreement to Pay Union Fees, and Taxation of Severance Benefits
David P. Phippen; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 31, 2013, previously published on October 28, 2013
Noel Canning did not make the Supreme Court's 2013 oral argument docket, which means it will be heard in 2014, but the Court granted certiorari this month in two other important labor and employment cases.

 

HTMLCOUNTING THE COST OF PAYROLL CARDS: Are They Worth It for Employers?
Susan Bassford Wilson; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 31, 2013, previously published on October 18, 2013
Paying employees is a complicated business. For employers in retail and other industries where employees may not have bank accounts, payroll cards have emerged as a potential solution.

 

HTMLAvoid a Halloween Horror: Use Fluctuating Workweek to Protect Your Company if "Exempt" Employees are Misclassified
Tony H. McGrath; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 31, 2013, previously published on October 25, 2013
Just in time for Halloween, a Texas law firm got some scary news in an overtime case brought by a former paralegal. The paralegal was misclassified as exempt from the overtime requirements of the Fair Labor Standards Act and was owed for 274 hours of overtime. A federal judge in the Northern...

 

HTMLCalifornia Broadens Employment Discrimination Prohibitions to Include Victims of Domestic Violence and Stalking
Brian E. Ewing; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 18, 2013, previously published on October 16, 2013
On October 11, 2013, Governor Jerry Brown signed a law extending greater employment protections to victims of domestic violence, sexual assault, and stalking. Senate Bill 400 prohibits terminating, or otherwise discriminating or retaliating against, an employee because he or she is a victim of...

 

HTMLBiometric Hand Scanner Causes "Mark of the Beast" Lawsuit
Thomas M. Eden; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 3, 2013, previously published on October 1, 2013
A mining company that perhaps should have been more accommodating to an evangelical Christian employee is now being sued for religious discrimination by the Equal Employment Opportunity Commission.

 

HTMLReasonable Accommodations for Pregnancy: Is the Big Apple Leading the Way?
Robin E. Shea; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
October 3, 2013, previously published on September 27, 2013
Now that the New York City Council has added a pregnancy "reasonable accommodation" requirement to its human rights law (details of which are discussed below), employers everywhere should make sure that they are doing "enough" for their pregnant employees, assuming they were not...

 

HTMLIf Interns Aren't "Part of the Solution," You May Not Have to Pay Them, Court Says
J. Tobias Dykes, Tamula R. Yelling; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 26, 2013, previously published on Fall 2013
We reported in 2010 about the U.S. Department of Labor guidelines on when "unpaid" interns had to be paid wages. Although employers have a fairly demanding standard to meet if they want to avoid payment, a decision earlier this year from the U.S. Court of Appeals for the Eleventh Circuit...

 

HTMLEEOC and Big Cases: Not Yet Ready for Prime Time?
J. Tobias Dykes, Tamula R. Yelling; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 26, 2013, previously published on Fall 2013
The U.S. Equal Employment Opportunity Commission has taken some serious hits from the courts lately. Although the agency says it plans to plow ahead undeterred, the decisions are encouraging for retailers - especially as they affect the use of criminal and credit background information.

 

HTMLBe Wary of Asking Facebook "Friends" to Spy on Your Employees
J. Tobias Dykes, Tamula R. Yelling; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
September 26, 2013, previously published on Fall 2013
Does the federal Stored Communications Act, which generally prohibits unauthorized access to electronic communications, apply to an employer who gets an employee's Facebook posts from a "friend" who discloses them without permission?

 


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