News & Insights


Our News & Insights

Search News & Insights

Keep Up To Date

For invitations to our events and updates on key legal issues and business concerns:

Please Click Here

Do Your Supervisors Actually Make Decisions?

Posted on March 31, 2016 by

A recent decision of the Fourth Circuit Court of Appeals puts a spotlight on that question:  Do your supervisors exercise discretion when supervising others?  This question is important because the recent Court of Appeals decision held that several employees who were identified as supervisors actually did not exercise sufficient discretion to meet the definition of […]

Is Your Website Discriminatory?

Posted on March 22, 2016 by

Yes, there have now been a number of lawsuits filed over whether or not a company’s website is accessible under the Americans With Disabilities Act.  In many of these cases, the Department of Justice has joined in the lawsuit seeking to enforce Title III of the Americans With Disabilities Act.  Companies are now considering whether […]

Disability Discrimination Lawsuits can be Expensive

Posted on March 21, 2016 by

A recent settlement of a disability discrimination lawsuit against AT&T shows that a discrimination claim can be an expensive proposition.  AT&T settled a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission by paying $250,000 to the Commission and re-instating an employee.  The EEOC filed suit against AT&T for failing to provide a reasonable […]

Christmas in July?

Posted on March 18, 2016 by

I am afraid to report that many employees will be receiving a significant Christmas present in July.  The latest word is that the new FLSA regulations regarding exempt status will be issued in July and will be subject to a 60-day review period by Congress.  This means we will be faced with addressing the exempt […]

DOL OT RULE UPDATE!!!! Release Date Now Expected in June of 2016

Posted on March 18, 2016 by

Multiple D.C. insiders and media outlets have reported that earlier this week the DOL forwarded the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review.  (If right now you are asking yourself, “what is the proposed final overtime rule?” then see our previous e-alert by clicking here: What […]

Federal Court Upholds NLRB’s Decision that Picker Who Bickered is Protected Under the National Labor Relations Act

Posted on March 14, 2016 by

Earlier this month, the federal U.S. Court of Appeals for the Seventh Circuit, which issues opinions that are controlling with respect to Wisconsin employers, determined that an employer’s decision to fire one of its workers violated the National Labor Relations Act.  The employer at issue in the case is a staffing company that provided contingent […]

Supreme Court of Wisconsin Opens a Can: Rules Against Hormel in Donning and Doffing Case

Posted on March 2, 2016 by

On March 1, 2016, the Supreme Court of Wisconsin issued its opinion in UFCW Local 1473 v. Hormel Foods Corporation, found here.   This is a pre-shift “donning” [putting on required clothes/equipment] and post-shift “doffing” [taking off required clothes/equipment] wage and hour case.  The workers and their union argued that time spent “donning” and “doffing” at […]

Federal Court Rejects NLRB’s Recently-Adopted Solicitation Standard, Criticizes NLRB’s Reasoning

Posted on February 23, 2016 by

If you follow this blog, you may recall my post from November 26, 2014 Labor Unions Have Another Reason to Be Thankful: NLRB Serves Up Holiday Season Gift about the NLRB’s controversial decision in Conagra_Foods_Inc, concerning the meaning of “solicitation” for purposes of the National Labor Relations Act.  Although the Conagra Foods, Inc. decision floated […]

Thurmond Rule Will Impact High Court Employment and Labor Law Decisions in Aftermath of Justice Scalia’s Death

Posted on February 17, 2016 by

In the aftermath of Supreme Court Justice Antonin Scalia’s recent death, many of my friends and colleagues have asked what Justice Scalia’s passing means to the future of significant employment and labor law cases.  First, Justice Scalia’s death means that it is likely that the Supreme Court will be deadlocked 4-4, along ideological lines, when […]

Joint Employer Status

Posted on February 15, 2016 by

On February 3, 2016, in Crew One Productions, Inc. v. NLRB, the US Court of Appeals for the Eleventh Circuit [which issues opinions that impact businesses in Alabama, Florida and Georgia] concluded that the NLRB misapplied the law concerning whether two separate employers may be treated as a single, joint employer for union organizing purposes.   […]