9th Circuit Denies Ernst & Young Class Arbitration Waiver

On August 22, 2016, the Ninth Circuit decided that provisions in contracts barring employees from seeking class action litigation against employers over hours, wages and employment terms and conditions violate the National Labor Relations Act (NLRA).[1]  According to the complaint, the employees were forced to sign a “concerted action waiver” where they were required to […]

Litigate or Settle?

FedEx recently made headlines for their involvement in a lawsuit against their workers for misclassifying them as independent contractors as opposed to employees. After acquiring litigation fees that skyrocketed well into multiple millions of dollars due to battling these allegations in court for the past several years, the company settled the case for 240 million […]

Important Employment Law Cases in 2016

As we move through 2016, many important employment law cases have required employers to shift focus to remain on the correct side of the law. One issue that continues to arise is employers’ classification of workers as employees or independent contractors. Uber faced two class action lawsuits from California and Massachusetts each resulting in $100 […]

What Employers Should and Shouldn’t Ask during Job Interviews

For most people, the job interview process is always a little intimidating and awkward. However, it can quickly become much worse when a potential employer begins asking you inappropriate and improper questions. Most HR professionals know what they should and shouldn’t ask during the various states of the typical interview process, but when a potential […]

Employee Classification Update

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state and local governments.[1] The FLSA requires employers to pay overtime to employees who work more than 40 hours per week at a rate of one-and-one-a-half times those workers’ hourly […]

Breastfeeding in The Workplace

Six years ago, ELS Partner, Chandra Davis became a mother to a beautiful daughter. She, like many women, decided to breastfeed; but Davis also worked full time as an attorney. One morning, Davis had a deposition to attend and arranged to have two rooms reserved: one for the deposition and the other to use as […]

The Expansion of Sex Discrimination

Ann Hopkins was a senior manager at Price Waterhouse, a professional accounting firm, when she was considered for partnership in 1982.[1] Her candidacy was held for reconsideration when Price Waterhouse neither denied nor offered her the partnership; however, Hopkins’ partnership was later denied.[2] Hopkins was denied promotion because she was perceived as less than feminine.[3] […]

Pres. Obama’s Supreme Court Justice Nomination is a YES for Employees

On Wednesday, March 16, President Obama announced The Honorable Merrick B. Garland, Chief Judge of the U.S. Court of Appeals for the District of Columbia, as his nominee for the U.S. Supreme Court.  Judge Garland has almost two decades of federal judiciary experience.  He oversaw the prosecutions of Timothy McVeigh and Terry Nichols for the […]

Avoiding Legal Liability In An Interview

Avoiding Legal Liability In An Interview[1] Federal and state laws have been created to protect, not only employees, but applicants from discrimination on the basis of race, color, religion, sex, national original, age and disability or genetic information. Many employers believe explicitly and directly asking questions in interviews concerning these inherent characteristics only subjects them […]

Employers Cannot Discharge Just Because It “Dislikes” Social Media

More and more employers are creating and implementing social media policies for their employees to comply with. Employers are concerned about their brand; employees affect the brand, positively and negatively. Social media policies allow employers to control its brand’s image and protect its reputation. With the increased use of social media, employees are beginning to […]