On October 8, 2014, the U.S. Supreme Court heard oral argument on a wage and hour case filed by employees of a warehouse business. The business provides storage facilities and order-filling staff for companies that include Amazon. Employees are required to stand in line and undergo a security screening after completing their work shifts and […]
U.S. Supreme Court Rejects Recess Appointments to NLRB
Those who have followed the National Labor Relations Board (“NLRB”) over the past few years may be aware that there was a period of time when the majority of the 5-member Board consisted of “recess appointments” by President Obama. In other words, because Washington gridlock resulted in the President being unable to obtain Senate approval […]
EEOC and US Department of Labor Shutter Their Doors
The Equal Employment Opportunity Commission and U.S. Department of Labor have both announced that virtually all of their functions have temporarily ceased, pending adoption of a budget for FY 2014 by the federal government. Although the EEOC will allow claims to be filed so as to protect claimants from missing filing deadlines, no claims will […]
Federal Court Confirms Unpaid Internships Are Illegal
In a ruling last week, a federal judge in New York confirmed what has long been predicted on this website (see here and here): that unpaid internships that are not provided for educational course credit, and that are not otherwise designed primarily to benefit the intern, are illegal. Thus, production assistants who worked as unpaid […]
EEOC Sues Over Criminal Background Checks
In a previous post here, I noted that the Equal Employment Opportunity Commission, or EEOC, had begun to focus on criminal background checks by employers. The thinking is that requiring criminal background checks can constitute illegal discrimination on the basis of race because a higher percentage of African Americans than Caucasians have criminal convictions. Thus, […]
Georgia Supreme Court Rejects Independent Cause of Action for Inevitable Disclosure of Trade Secrets
During the past 15 years or so, courts around the country have considered whether a person can be barred, or enjoined, from engaging in certain types of competitive behavior purely on the theory that the behavior will inevitably result in the disclosure of trade secrets. The Georgia Supreme Court seems to have rejected this sort […]
