In a major clarification of procedural law, the U.S. Supreme Court recently answered the question of whether or not, in a dual federal-state filing, federal law suspends the state statute of limitations at the time if filing the federal filing later proves unsuccessful. It is typical in employment discrimination cases for the claimant to have a dual filing to protect their rights under both … [Read more...] about The Supreme Court Intreprets the Statute of Limitations in Dual Filing Employment Discrimination Claims
EPELog
No Good Deed Goes Unpunished When It Comes to Collective Bargaining Agreements – Good Intentions May Create a Binding Past Practice
In an interesting case that should be cautionary reminder for all employers who have a collective bargaining agreement (CBA), the Commonwealth Court found that an employer was bound by a past practice of permitting employees to have Christmas Eve or New Year’s Eve off, despite any language in the CBA that provided for the same. In Lackawanna County v. Lackawanna Count Adult and Juvenile Probation … [Read more...] about No Good Deed Goes Unpunished When It Comes to Collective Bargaining Agreements – Good Intentions May Create a Binding Past Practice
DOL’s New Internship Guidance Creates Opportunity for Businesses to Invest in the Future
Just this week, (January 5, 2018), the Department of Labor (“DOL”) rescinded guidance that disincentivized the use of unpaid interns by for-profit businesses and released replacement guidance that opens up new opportunities for students and businesses. According to employer reports, the prior DOL guidance divested employers of any motivation to take on an unpaid intern. Under the prior guidance, … [Read more...] about DOL’s New Internship Guidance Creates Opportunity for Businesses to Invest in the Future
NLRB Establishes New Standard Governing Enforceability of Workplace Policies
In a groundbreaking decision involving the Boeing Company reached this past month, the NLRB eased the standard of review regarding the visibility and enforceability of employer issued handbooks. In past decisions, policies governing employment-related conduct including civility and insubordination were struck down if the regulations could be reasonably construed to prohibit NLRA (National Labor … [Read more...] about NLRB Establishes New Standard Governing Enforceability of Workplace Policies
DOL Proposes Regulations That May Give More Freedom for Businesses with Tipped Employees
The United States Department of Labor (“DOL”) today announced a Notice of Proposed Rulemaking that gives employers, such as casinos, restaurants, and pubs, more discretion in rewarding the hard work of their “behind the scenes” employees who do not normally receive tips. Giving employers freedom to connect merit and pay for more employees may have the effect of helping to drive business growth and … [Read more...] about DOL Proposes Regulations That May Give More Freedom for Businesses with Tipped Employees
This Just In: Department Of Labor Appeals Overtime Rule
On October 30, 2017, Halloween Eve, the Department of Justice, on behalf of the Department of Labor (“DOL”), filed a notice to appeal the Texas federal judge’s preliminary block on the overtime rule. According to a news release of the DOL, “Once this appeal is docketed, the Department of Justice will file a motion with the Fifth Circuit to hold the appeal in abeyance while the Department of Labor … [Read more...] about This Just In: Department Of Labor Appeals Overtime Rule
