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Log In / Register | Dec 22, 2014

EEOC Targets Mandatory Arbitration Agreements in Lawsuit against Restaurant Franchisee

A Florida company that owns franchise restaurants, such as Applebee’s and Panera Bread, has been sued by the Equal Employment Opportunity Commission (“EEOC”) for making its employees sign mandatory arbitration agreements. 

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").

Employers who Solicit Facebook Friend “Snooping” Could Face Liability Under Federal Stored Communication Act

Facebook postings by employees have increasingly become a factor in employment discrimination lawsuits. In some of my recent cases, employers were made aware of an employee’s threats of violence, workplace misconduct or other inappropriate actions when a co-worker, who also was a Facebook “friend”,brought the Facebook post to the employer’s attention.

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.

Jailhouse Blues: The Potential Pitfalls of Employee Criminal Background Checks

In a lifetime of crime, Willie Sutton robbed banks of almost $2,000,000.00. From 1934 through 1947 he was one of the nation’s most successful bank robbers. He made the FBI’s Ten Most Wanted list in 1950, after escaping from prison disguised in a prison guard’s uniform.