Unfair treatment because of one’s language may be related to race or national origin discrimination. Indeed, language may be used as a covert basis for discrimination. But that’s not always so. A recent case and some helpful nuggets on English-only rules after the jump… In a recent NJ case, the…
The Employer Handbook Blog
Employment discrimination by the numbers: Foreign Edition
Now in autotune. (Betcha didn’t expect that). Yesterday, we were rapping (without the benefit of autotune) about immigration status and unlawful discrimination and concluded that Title VII of the Civil Rights Act of 1964 does not prohibit workplace discrimination on the basis of immigration status (although national-original discrimination is unlawful). And…
Are aliens protected from illegal workplace discrimination?
I had this song in my head for about two hours on Sunday. Then I listened to the Trent Reznor version, ick…. This blog post has a point, right? Oh yeah, discrimination. A little reminder from a recent Eight Circuit case, Guimaraes v. SuperValue, Inc., that when it comes to employees with…
The risk of waiting to enforce arbitration agreements with employees
It was just last month that I blogged about arbitration agreement tips for PA employers from the 3rd Circuit. I hate to leave NJ employers out of the loop, so today’s post is for you. Last week, the NJ Superior Court, Appellate Division, in Cole v. Jersey City Medical Center…
EEOC clarifies ADEA “reasonable factors other than age” defense
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) issued its “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” (RFOA) under the Age Discrimination in Employment Act of 1967 (ADEA). Wait, wha, wha, what the heck is an RFOA? (The Cliff Notes versions because, like, you could click…
Fact or Fiction: FLSA preempts state wage and hour laws?
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post” d/b/a (just for today) “Eric’s 36th-Birthday Post”. *** Sigh *** Ahh…let’s get to today’s question: May an employee raise claims…
6 keys to keeping unpaid internships from becoming a hot wage & hour mess
Yesterday, I presented “Reducing the Risk of Wage and Hour Litigation” with my partner, Jennifer Platzkere Snyder, at ALM’s In-House Counsel Labor and Employment Law Forum. We talked best practices, common mistakes, and Supreme Court. We also dipped into some hot issues, the hottest of which, by far, based on…
The Ambien alternative a/k/a NLRB FY11 operations statistics
Yawn… The Acting General Counsel of the National Labor Relations Board recently released a 10-page summary of operations for FY 2011. But, you can find a short summary here. Here are some stats that caught my attention (relatively speaking, of course): In FY 2011, the Regional Offices issued 1,342 complaints…
Relax! Businesses don’t want employee Facebook passwords.
But, if you think they do — maybe you read this article last week — then I have a bridge in Brooklyn to sell you, sucker. Come on! The sky isn’t falling. Demanding social media access from employees and potential hires and is most definitely the exception and not the rule. And I’ll…
So, can a prevailing defendant really recover e-discovery costs?
Remember when I told you that a prevailing defendant could recover all electronic discovery costs? I lied. Oh, let off some steam and stick around. Allow me to explain. Actually, I’ll let Phil Miles at Lawffice Space explain: Last Friday, the Third Circuit released a definitive opinion regarding taxation of…