25 million employees have signed employment contracts containing arbitration clauses and waivers that bar the employee from filing a class action lawsuit. Many employers favor arbitration provisions because they believe arbitrations to be quicker, cheaper, and more efficient than traditional litigation. There is anecdotal evidence on ...
In a narrow 5 – 4 ruling, the United States Supreme Court (“SCOTUS”) finally put to rest yesterday an antagonistic class action waiver issue that has been brewing in various federal circuit courts for the past six years. In the opinion, (written by Trump Administration appointee Justice Neil Gorsuch), the Court ...
In October of last year, Tom Homan, the Acting Director for Immigration and Customs Enforcement (“ICE”), promised employers that they would see a significant increase in worksite enforcement actions in the next fiscal year. So far, Mr. Homan has delivered on that promise. On Monday, ICE announced that in the first seven months of this ...
By Glen Krebs
Seven months ago, U.S. Immigration and Customs Enforcement (“ICE”) Deputy Director Thomas Homan issued a directive that called for increased worksite enforcement investigations to ensure U.S. businesses maintain a culture of compliance. ICE recently announced that the agency’s Homeland Security Investigations ...
Handbooks. The mere mention of the company handbook typically sends HR professionals into a furious search for any project other than the company handbook. Sorry, I can’t work on the company handbook, I have to watch the paint dry in my office.
For this reason, beyond passing them off during perfunctory onboarding, handbooks typically get ...
On April 26, 2018, the U.S. Court of Appeals for the Seventh Circuit ruled that portions of the Age Discrimination in Employment Act (“ADEA”) protect job applicants, in addition to internal employees.
Dale Kleber, a 58-year old attorney applied for a legal position with CareFusion, a healthcare product company. The job ...
The Department of Justice has taken particular interest in examining employment agreements or practices that include no-poaching agreements – that is, agreements between companies not to recruit or hire each other’s employees. The DOJ has long taken the position that such agreements or practices violate federal antitrust laws. And at the ...