The time employees spend waiting for and undergoing an employer’s security screening is not compensable under the Fair Labor Standards Act of 1938 (the “FLSA”). In Integrity Staffing Solutions, Inc. v. Busk, the U.S. Supreme Court found in favor of Integrity Staffing Solutions (“Integrity”), a company that provided warehouse staffing […]
Labor & Employment Law Update
2015 H-1B Cap Opens (and Likely Closes) April 1st – Employers Need to Start the Filing Process Now
For the 2015 H-1B visa cap, April 1 is the first day U.S. Citizenship and Immigration Services (“USCIS”) will accept H-1B cap-subject petitions for foreign national professionals in specialty occupations. Cap-subject H-1B visas become available each year on October 1 — and filings with USCIS can be made no sooner […]
Protecting Your Attorney-Client Privilege
The attorney-client privilege gives employers critical protection in the event of a lawsuit, but courts will not hesitate to declare that employers have forfeited those protections if they are not careful. Worse, once an employer has lost the protection of the attorney-client privilege, the documents and conversations over which the […]
OFCCP Announces Final Rule Protecting LGBT Workers
On July 21, 2014, President Obama signed Executive Order (“EO”) 13672 extending workplace protections to lesbian, gay, bisexual and transgender (“LGBT”) Americans in the federal contracting workforce. The order instructed the Department of Labor (“DOL”) to update the rules implementing EO 11246—which already protects workers employed by or seeking jobs […]
Supreme Court Affirms District Court Ruling that Noncompete Covenant was Unenforceable
In Gaver v. Schneider’s O.K Tire, Co., Gaver had an agreement with Schneider’s which contained a restrictive covenant on post-employment competition. The consideration for the agreement, signed at the outset of employment, purported to be participation in the company profit sharing plan. The profit sharing plan did not contain any […]