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NLRB Judges Regain Power to Approve Partial Settlements

National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging parties themselves, disagree. Continue Reading  

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Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA mandated that employees prevailing in minimum wage or overtime lawsuits were automatically entitled liquidated damages equal to the...

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Confidentiality and Sexual Harassment Claims – Will New Laws Limit Settlement Agreement Language?

In the recent wave of sexual harassment cases against public figures, it has come to light that women were paid large sums of money to keep their harassment allegations private, thus allowing their harassers to continue their inappropriate behavior.  Prominent recent examples of harassers protected by confidentiality clauses include Harvey W...

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Labor Law Update: Will Employers be Thankful for the NLRB’s new General Counsel?

The National Labor Relations Board (NLRB) enforces and interprets the National Labor Relations Act (NLRA), which ensures the rights of employees to engage in collective bargaining and other union-related activities.  During the Obama administration, NLRB General Counsel Richard F. Griffin, Jr. aggressively advocated for labor-friendly position...

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Obermayer's Jeffrey Cadle authors “Hidden Dangers of the Fluctuating Workweek Method”

Obermayer attorney Jeffrey B. Cadle authored the Law360 article “Hidden Dangers of the Fluctuating Workweek Method.” Click here to read the full article. This article first appeared in Law360 on November 20, 2017.

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How the EEOC is Cracking Down on Equal Pay Act Violations in the Food Service Industry

With the prevalence of gender discrimination lawsuits in the media and the increasing number of equal pay laws nationwide, employers in the food services industry would be wise to review their hiring and payroll practices as soon as possible to ensure that they are not unlawfully contributing to the gender pay gap, or otherwise retaliating agains...

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New Jersey Update: What Phil Murphy’s Election Could Mean for Employers and Employees

Yesterday, Democrat Phil Murphy won the race for New Jersey governor, easily defeating Republican Kim Guadagno. Democrats also retained their majorities in both the state Senate and Assembly.  When Murphy is sworn in next January, he will have the opportunity to change laws impacting the workplace.  Here are some areas for employers and emp...

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Employer-Mandated Fingerprinting May be Religious Discrimination

Sincerely believing that fingerprinting is “the mark of the devil” may be enough to sue your employer for religious discrimination and retaliation in federal district court. On Monday, October 30th, Western District of Pennsylvania Judge Kim R. Gibson issued an Order declining to dismiss such a lawsuit at the initial, pleadings stage of ...

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What #metoo Means for Employers: Workplace Harassment in the Age of Awareness

This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ As a status, we might give people a sense of the magnitude of the problem.” Since Ms. Milano’s original tweet, the hashtag #metoo has been tr...

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Feats of Strength: EEOC sues CSX for Employee Strength Tests as Gender Discrimination Under Title VII

The EEOC recently filed suit against CSX Transportation, Inc. (“CSX”) in Federal Court in West Virginia, on behalf of a nationwide class of female employees.[1]  In the suit, the EEOC alleges that CSX’s policy of requiring employees and job applicants to pass certain physical strength tests in order to be eligible for certain positions...

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