U.S. Supreme Court Hears Security Screening Wage and Hour Case

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 […]

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, […]

Supreme Court Rules that a Wage & Hour Collective Action Can Be Mooted by an Offer to Pay the Lead Plaintiff in Full

In Genesis Healthcare v. Symczyk, decided April 16, 2013, the U.S. Supreme Court held that a group, or collective, action to recover unpaid wages can be mooted by an employer’s offer to have judgment entered against it for the full amount of the lead plaintiff’s unpaid wages and reasonable attorney’s fees, if the court overseeing […]

Ms. Myer to Speak About Employment Law Matters of Concern to Small Businesses April 25

Ms. Myer will speak to the Atlanta Bar Association’ Solo and Small Firm Section on April 25 on issues in employment law of concern to small businesses.