Employers

Justice Dept. Says Replacing U.S. Workers May Bring Lawsuit

Critics of the H-1B program have little to celebrate, so far, from President Donald Trump. He promised reforms of the visa program during the campaign, but nothing has happened of consequence — at least until Monday. The U.S. Department of Justice (DOJ) issued a warning to H-1B employers not to use the visa program to discriminate against U.S. workers.


Feds Urge Court to Toss Out AARP Wellness Program Lawsuit

The U.S. Equal Employment Opportunity Commission defended its regulations over workplace wellness programs, arguing federal anti-discrimination and medical privacy laws allow employers to ask for personal health information for such programs. The EEOC issued final rules in May allowing employers to hit workers with substantial penalties if they refuse to participate in wellness programs and …


UPS Faces FCRA Class Action Lawsuit Over Alleged Background Check Violations

United Parcel Service (UPS) of America Inc. faces a class action lawsuit that claims UPS allegedly violated the federal Fair Credit Reporting Act (FCRA) by using background checks for employment without providing the results to job applicants or employees, according to a report on the Top Class Actions website. Top Class Actions reports that plaintiff John Riley of Florida claims he applied for …


Wage-And-Hour Class Action Suits Down in 2016, but Settlements Tripled

Class-action suits can cost employers millions of dollars. Uber is awaiting a court decision on its own settlement proposal that would amount to a $1 per claimant. Uber drivers sued the company over wages and for allegedly misclassifying them as independent contractors instead of employees.


FCRA Lawsuits Will Remain a Potential Threat to Employers After Supreme Court Decision in Spokeo Case

On May 16, 2016, the Supreme Court of the United States ruled in the case of Spokeo, Inc. v. Robins that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. However, the fact that class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) that governs background checks in the U.S. will remain a potential threat to …


FLSA Overtime Rule Facing 21-State Lawsuit

Dive Brief: Dive Insight: Critics of the rule, including Attorneys General from several of the states in the lawsuit, say if the rule takes effect on time, the result will have disastrous economic repercussions. Business groups — from the hospitality industry to the “prestige”-type workers — also have complained, saying the rule will force employers to shift salaried employees to hourly pay as …


Kentucky Joins Lawsuit Challenging New Overtime Pay Rule

Gov. Bevin has added Kentucky to a multi-state lawsuit against the federal government over a new rule that makes more people eligible to receive overtime pay. Starting in December, the new policy will require employers to pay overtime to people who make up to $47,476 a year ($913 per week).


Dish Network to Pay $1.75 Million to Settle FCRA Class Action Lawsuit

Satellite television company Dish Network has agreed to pay $1.75 million to settle a class action lawsuit over alleged violations of the federal Fair Credit Reporting Act (FCRA) for not providing proper consent and disclosure forms needed to conduct background checks for employment purposes, according to a report on the TopClassActions.com website. Top Class Actions reports Plaintiff Scott …


Opinion: Got Arbitration Agreements With Class Waivers? The Fight May Not Be Over

Tuesday, September 6, 2016 Since the United States Supreme Court upheld the validity of class action waivers in commercial consumer arbitration agreements several years ago, many employers have found arbitration agreements with class action waivers a valuable tool to protect against the tide of class action litigation. In addition to avoiding the risk of a runaway jury award, these agreements …


Why California Employment Agreements May Be Changing

To date, a common practice when hiring in California, and throughout the nation, has been to have new hires sign an employment contract. And, often times, there’s a little– but mighty– clause in there requiring the use of arbitration to solve any future disputes between employee and employer. What’s more, these agreements sometimes have something called a class-action waiver attached to them, …