The Securities and Exchange Commission is considering new rules and regulations for compensation claw back policies. If the proposal is adopted, it will implement specific requirements from the Dodd-Frank Wall Street Reform and Consumer Protection Act, where companies listed with national securities exchanges and associations will have to develop and ...
July 2, 2015Philip Gordon
The Massachusetts Attorney General released final clarifications regarding the state’s earned sick time (EST) law that goes into effect July 1, 2015. Under the new law, all employers within the state must allow workers to accrue and use up to 40 hours of earned sick time each calendar year. Some specific ...
June 19, 2015Philip Gordon
Uber is more popular than ever in large American cities, but a serious question exists: are Uber drivers employees or independent contractors? One California judge with several Uber cases on his docket may be on the verge of answering that question. Two of the cases currently before the judge include: An accusation ...
June 17, 2015Philip Gordon
New York recently joined the growing number of states that allow employers to pay workers with payroll debit cards. Instead of a paper check or direct deposit into a banking account, wages are placed on a payroll card for the employee to use at his leisure. Prior to this new legislation, ...
May 27, 2015Philip Gordon
Many employers consider credit ratings of potential employees when making hiring decisions, as well as decisions concerning promotion and pay rates. This practice often results in discrimination against lower income and minority applicants. The Stop Credit Discrimination in Employment Act bans the use of credit histories in employment decisions regarding ...
May 18, 2015Philip Gordon
Ridesharing company Uber is facing another court challenge. The owner of Celluride Wireless filed a lawsuit against the company for the alleged theft of his technology and ideas. According to the complaint, filed in the Superior Court of California, Kevin Halpern asserts that he first developed the concept of a peer-to-peer ...
May 15, 2015Philip Gordon
Has your employer punished you for insisting upon your rights? A recent court ruling makes it harder for courts to dismiss employee claims of retaliation. The case arose from the employment of an African American woman at a resort hotel. Shortly after her initial hire date, she alleges that she ...
May 12, 2015Philip Gordon
A $188 million judgment for damages has Wal-Mart officials asking the United Supreme Court to step in. The dispute started with a Pennsylvania class action lawsuit, involving approximately 187,000 Wal-Mart employees who worked for the company between the years of 1998 and 2006. The employees alleged that they were forced ...
May 12, 2015Philip Gordon
The Fourth Circuit reopened the door for a class action suit to proceed against a South Carolina company on allegations of racial discrimination. The suit started with seven black plant employees who brought suit in 2004 on behalf of a proposed class including more than 100 former and current black ...
May 11, 2015Philip Gordon
The salaries of top executives at Fannie Mae and Freddie Mac are under attack with the introduction of a new Congressional bill. Rep. Ed Royce, R-Calif., is sponsoring legislation that would potentially cap executive salaries within these two companies, making them comparable to the salaries of officials within the government’s ...
May 8, 2015Philip Gordon
Proposed revisions to Section 13(a)(1) of the federal Fair Labor Standards Act are coming under scrutiny as some question the Department of Labor’s (DOL) authority to create legislation. U.S. Secretary of Labor Thomas Perez recently announced that the agency submitted a proposal to the Office of Management and Budget (OMB) ...
May 6, 2015Philip Gordon
The whistleblower in a hedge fund advisor case recently received a $600,000 award from the U.S. Securities and Exchange Commission (SEC). The case involved allegations that the hedge fund owner made improper transactions with an affiliated broker dealer that she owned, without disclosing the affiliation to her client. The company’s ...
April 28, 2015Philip Gordon
Disputes between Boston area taxicab drivers and medallion owners came to a head as the Massachusetts Supreme Judicial Court issued a ruling in Sebago v. Boston Cab Dispatch. At the heart of the debate is the classification of these drivers as independent contractors, instead of employees. The Massachusetts Independent Contractor Statute Under the ...
April 25, 2015Philip Gordon
The Fair Labor Standards Act (FLSA) includes a provision that prohibits employers from retaliating against employees who file complaints against the employer with a government agency. For years, court across the country, including the Federal Appeals Courts remained split about whether this protection extended to employees who made complaints to ...
April 23, 2015Philip Gordon
The Equal Employment Opportunity Commission is taking a stance to protect transgender workers from employment discrimination. Though there is currently no federal statute expressly prohibiting this type of discrimination, the EEOC has chosen to pursue these matters under the sex discrimination clause of Title VII. One recently decided case involved a ...
April 15, 2015Philip Gordon
The National Committee on Pay Equality named Tuesday, April 14, 2015 Equal Pay Day in an effort to call attention to the inequitable pay gaps that still exist between female and male workers. Each year the organization selects a day to commemorate individuals who are making strides towards pay equality and ...
April 14, 2015Philip Gordon
The Equal Employment Opportunity Commission (EEOC) recently handed New York’s Department of Citywide Administrative Services (DCAS) a huge blow, when it issued a determination against the agency totaling more than $246 million. Details of the Case On behalf of a group of African American and Hispanic Administrative Managers, the Communications Workers of ...
April 13, 2015Philip Gordon
When most people hear the word internship, they think of an unpaid employment opportunity that offers a chance to learn the ropes of a job. In recent court cases, that general perception has been challenged as interns ban together and fight for various types of compensation. One such case involved ...
April 13, 2015Philip Gordon