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Log In / Register | Nov 23, 2014

Fifth Circuit Blocks Franchisee Employee's Effort to Treat Franchisor as His "Employer" under the FLSA

The Fifth Circuit Court of Appeal recently held in Orozco v. Plackis that a franchisor was not liable to a franchisee employee for alleged minimum wage and overtime violations because the franchisor was not an "employer" under the Fair Labor Standards Act ("FLSA").

Employee Arbitration Clause Upheld

Employee litigation is a growing threat to business survival. A recent case shows franchise owners how to draft an employee arbitration provision which courts will uphold.

Franchisees Get A Break From 5th Circuit

It may be the last good news for a long time, at least on the labor front.

Micromanagement of Strippers Leads to Liability

First song, dress on; second song, dress off. That was too specific for a federal judge.

EEOC Files Suit over Employer Use of Criminal Background Checks

In an opening salvo following its recently revised enforcement guidelines, the Equal Employment Opportunity Commission (“EEOC”) has filed suit against two major employers, a national retail chain and an international automobile manufacturer. It alleges the companies used criminal background checks to disproportionately exclude African-Americans from their workforces.

DOL Delays Requirement that Employers Provide Employees Notice under Affordable Care Act

As a further indication of the yet to be written regulations under the Affordable Care Act (“ACA”), the United States Department of Labor (“DOL”) has announced employers

March 8, Deadline for Employers to Post Revised FMLA Poster

March 8, 2013 is the effective date for the U.S. Department of Labor’s final rule implementing important areas of expansion in the Family and Medical Leave Act (“FMLA” or “the Act”).  As part of the implementation, a revised FMLA workplace poster has been created and is available to employers on the Internet (pdf).  All covered employers are advised to replace their existing poster with the revised version by March 8, 2013.

Surge in ADA Disability Lawsuits to Continue in 2013 with Restaurant and Foodservice Employers in Crosshairs

For 2013, food service employers can expect a continued aggressive approach from the Equal Employment Opportunity Commission (“EEOC”) as to violations of the Americans with Disabilities Act (“ADA”) in the restaurant industry.  The significant increase of ADA charges and lawsuits by the EEOC and private claimants, which began in early 2012, shows little sign of abating in the new year.

EEOC Announces Targeted Enforcement Efforts in the Workplace

In the aftermath of the election, all employers should be mindful of the Equal Employment Opportunity Commission’s ("EEOC") recently announced Strategic Enforcement Plan ("SEP") for 2013 – 2016.

Employer Deadline to Update FCRA Notices

Employers face a January 1, 2013 deadline to update the notices they must provide to employees pursuant to the Fair Credit Reporting Act (“FCRA” or “the Act”).  The requirement and deadline are the result of the recently created Consumer Financial Protection Bureau (“CFPB”) assuming enforcement authority over the FCRA.  Prior to the creation of the new federal agency, the Federal Trade Commission had enforced the Act.