By Marisa S. Ratinoff and Amy B. Messigian
One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. In California, the seminal case of Gentry v. Superior Court (“Gentry”) has had the practical effect of invalidating class action waivers in employment arbitration agreements since 2007. Gentry held that an employment class action waiver was unenforceable as a matter of California public policy if the class action waiver would “undermine the ...
Our colleague Jeffrey H. Ruzal recently wrote an article entitled “Offset as Defense to FLSA Suit May Mitigate Unpaid Wage Claims,” which appears in the June 2014 issue of Hospitality Law.
Following is an excerpt:
A federal district court in Michigan recently preserved for trial the question of whether a defendant employer may mitigate its back wage liability by offsetting paid break time, which would effectively extinguish plaintiff employees’ claims under the Fair Labor Standards Act.
In Hayes, et al., v. Greektown Casino, LLC, et al., No. 12-1552 (E.D. Mich. 03/31/14 ...
By Marisa S. Ratinoff and Amy B. Messigian
One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. In California, the seminal case of Gentry v. Superior Court (“Gentry”) has had the practical effect of invalidating class action waivers in employment arbitration agreements since 2007. Gentry held that an employment class action waiver was unenforceable as a matter of California public policy if the class action waiver would “undermine the ...
On June 10, 2014, Epstein Becker Green's national OSHA Practice Group presented a webinar regarding OSHA's Severe Violator Enforcement Program (SVEP). The SVEP is an OSHA enforcement program intended by OSHA to direct its enforcement resources at employers whom OSHA believes are “indifferent to their OSH Act obligations."
The webinar covered:
- What the SVEP is;
- How and when employers "qualify" into it;
- What the consequences are for doing so;
- Interesting data and trends about the SVEP; and
- Tips to help employers avoid this fate.
This webinar was the second part in a five-part ...
As we’ve previously advised, make sure you are prepared for interns this summer! This summer there’s a new legal trend about interns. While wage and hour lawsuits are still hot, the new “it” trend seems to be laws that extend protection against discrimination and harassment for interns. Recently, states and cities have been adding interns to the protected individuals under their human rights laws.
Retailers have long used interns, both to provide training opportunities for the interns and to supplement their workforce over the summer months ...
In its Agency Rule List for Spring 2014, the U.S. Department of Labor (DOL) has proposed to amend the Regulations implementing the Family and Medical Leave Act (FMLA) by revising the definition of "spouse" in light of the United States Supreme Court's decision in United States v. Windsor, No. 12-307 (U.S. June 26, 2013). In Windsor, the Supreme Court struck down the provisions of the Defense of Marriage Act (DOMA) that denied federal benefits to legally married, same-sex couples. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected ...
Our colleague Kara Maciel, the editor of Hospitality Labor and Employment Law Blog, was quoted in an article titled "Six Tips on Not Getting Tripped Up by FLSA's Tipped Employee Rules" that was recently published in Thompson's HR Compliance Expert.
Following is an excerpt:
Employers need to make sure they are following both federal Fair Labor Standards Act requirements and state laws regarding tipped employees, said Kara Maciel of the firm Epstein Becker Green during a recent seminar focused on tipped employees. …
However, every state has its own set of rules regarding tipped ...
James S. Frank, a Member in the Health Care and Life Sciences and Labor and Employment practices, and Serra J. Schlanger, an Associate in the Health Care and Life Sciences practice, co-authored an article for the American Health Lawyers Association (AHLA) entitled "Hospitals' Heavy Lifting: Understanding OSHA's New Hospital Worker and Patient Safety Guidance."
The article, published in AHLA's Spring 2014 Labor & Employment publication, summarizes OSHA's new web-based "Worker Safety in Hospitals" guidance, explains how the guidance relates to OSHA's existing regulatory framework, and details what OSHA considers necessary for an effective Safe Patient Handling Systems as well as an effective Safety and Health Management System.
The article goes on to forecast what OSHA's Hospital Safety guidance will mean in the future for employers in the healthcare industry, including:
- More Whistleblower Complaints;
- Heavier enforcement by OSHA;
- Increased enforcement by the Joint Commission; and
- Greater interest in safety and health related legislation.
Finally, the article provides recommendations for what hospital and health system employers can do now to prepare for these developments, including:
- Reviewing and digesting the new OSHA hospital patient and employee safety resource;
- Work with employees and/or contractors to improve Safe Patient Handling Programs and/or a Safety and Health Management Systems; and
- Prepare for more safety-related whistleblower complaints by setting up effective processes to quickly investigate and address complaints and employee injuries and illnesses.
Below are some excerpts from the article:
On January 15, 2014 the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) launched a new online resource to address both worker and patient safety in hospitals.
According to OSHA, a hospital is one of the most dangerous places to work, as employees can face numerous serious hazards from lifting and moving patients, to exposure to chemical hazards and infectious diseases, to potential slips, trips, falls, and potential violence by patients—all in a dynamic and ever-changing environment. . . .
By Meg Thering
On May 27, 2014, employees of high-tech firms in the Silicon Valley filed a motion in the Northern District of California seeking approval of a settlement agreement releasing antitrust claims they had brought against Adobe Systems, Incorporated, Apple Inc., Google, Inc., and Intel Corporation. In the complaint, the plaintiffs alleged that the defendants had agreed to refrain from hiring each other’s employees in an effort to drive down compensation levels in the Silicon Valley. Specifically, the complaint alleged that Defendants entered into “illegal ...
I recently authored an article in TechLifeSciNews: "Considerations for Technology Companies to Attract, Motivate and Retain Key Talent."
The following is an excerpt:
As technology companies innovate and grow, the need for knowledgeable, experienced employees increases along with the competition for the most highly-skilled workers. As a result of the competitive marketplace (as highlighted by the recent high-tech employee antitrust/anti-poaching class-action lawsuit settlement involving technology giants), one of the biggest challenges facing ...
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