Weekly Industry News – Employment Law

Employment Law – week roundup the latest on Governor Jerry Brown’s new bill, new immigration reform bill, Infosys makes $35 million and more.   Governor Jerry Brown Signs Bill Increasing California’s Minimum Wage by Jolene Konnersman, Amr Shabaik  Posted on jdsupra.com On September 25, 2013, Governor Jerry Brown signed into law a bill (AB 10) that will raise California’s…

Prime Tanning Bankruptcy: A Recent Threat to State Self-Insurance Law

Expert Guest Blog Entry by Chris Debski Ohio and many other states require self-insuring employers to contribute to a guaranty fund regarding workers’ compensation. This fund guarantees that claim liabilities are satisfied if the self-insured employer is unable to pay them. This safeguard is not only in place for the protection of injured workers but for…

NLRB Finds Vulgar, Offensive, and Threatening Statements in Context of Union Decertification Protected Activity

Expert Guest Blog Entry by Emily Wilcheck In September, the National Labor Relations Board (NLRB) held that an employer engaged in an unfair labor practice when it suspended and discharged an employee for making vulgar, offensive and potentially threatening statements in the workplace. In Fresenius USA Manufacturing (358 NLRB No. 138), a pro-union employee anonymously…

Weekly Industry News – Employment Law

To read the complete article click on the title.   ERISA Advisory Council to Recommend Updated Guidance On Finding Lost, Missing Plan Participants Posted on Bloomberg BNA by Joe Lustig The Department of Labor’s ERISA Advisory Council intends to recommend that the department update current guidance related to locating lost or missing retirement plan participants,…

Sixth Circuit Rules that the Multi-Year Statutory Limitations Period for Bringing Fair Labor Standards Act and Equal Pay Act Claims Cannot be Contractually Shortened

Article by Alexander Kipp  posted on 8/9/2013 Margaret Boaz is a FedEx employee who sued FedEx under both the Fair Labor Standards Act (“FLSA”) and the Equal Pay Act. (Boaz v. FedEx Customer Information Services, Inc., et al., 6th Cir. No. 12-5319, decided August 6, 2013.) Boaz began working for FedEx in 1997. Her employment agreement includes the…

Employer Sued for Accessing Employee’s Personal Emails on Company-Owned Blackberry

Expert article by Nathan Pangrace, ralawemployment.blogspot.com, posted on 07/26/2013 Many employers provide employees with smartphones to use in their jobs. Typically, employers permit employees to use these devices for personal reasons, such as communicating with friends and family through their private email accounts. Does an employer have the right to read these personal emails because they…

Firing After Facebook Posts Deemed Unlawful and Leads to Additional Order to Rescind Unrelated Salary Non-Disclosure Policy

Expert Article by Emily C. Wilcheck, from alawemployment.blogspot.com posted on 05/29/2013 In Design Technology Group, LLC d/b/a Bettie Page Clothing, NLRB Case No. 20-CA-035511, the National Labor Relations Board (“NLRB” or “the Board”) concluded that the employer’s conduct of terminating non-union employees for postings on Facebook violated provisions within the National Labor Relations Act (“NLRA” or “the Act”) protecting…