Day: April 17, 2012

Flex Arrangements—Outmoded Laws Are the Chokehold

Flexible Workplace Arrangements (FWAs) are more and more attractive and much easier to manage with today’s technologies, says attorney David Fortney, but the laws that govern them were passed long before the technologies existed, and that can make management difficult. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and […]

Bill Would Lower Burden of Proof for Employees Bringing ADA, ADEA Claims

Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing “mixed motives.” Both the Americans With Disabilities Act and the Age Discrimination in Employment Act […]

New York and California Trying to Clean up FLSA Abuses at Car Washes

As spring rolls in, muddy cars are a frequent occurrence, and car washes typically see increased patronage in the spring and summer months — which means longer hours for car wash employees. However, those employees are still entitled to overtime pay (and other legal protections) when high demand means increased work hours. Recently, car washes […]

Congress, White House Seek to Lessen Employers’ Regulatory Burden

The White House recently instructed federal agencies to put the brakes on rulemakings related to employment. That same day, the House Judiciary Committee approved a bill that would prohibit significant rulemakings until the nation’s unemployment rate improves. The White House’s March 20 order came out of its Office of Management and Budget and was sent […]

D.C. Circuit Blocks Implementation of April 30 Posting Requirement

The ongoing saga of delays and extensions of the National Labor Relations Board’s (NLRB) notice posting rule continues, this time with an injunction. The U.S. Court of Appeals for the District of Columbia Circuit has granted a request to halt the implementation of a rule that would require all employers subject to the National Labor […]

South Carolina Court Says “No” To NLRB Posting Rule

By Richard J. Morgan For over 75 years, the National Labor Relations Board (NLRB) was one of a very few federal labor agencies that didn’t require employers to post a general notice of employee rights in the workplace. Yet, on December 22, 2010, the NLRB decided it would change its 75-year history. On that date, […]