Monthly Archives: July 2011

Connecticut Restricts Employer Access To Employee Credit Reports

In March, we reported on the increasing attention that federal and state legislatures, as well as the EEOC, were paying to employers’ use of employee credit checks in employment decisions. At the time of posting, four states had laws regulating employer use of credit history data and fourteen additional states were considering similar measures. Earlier this month, … Continue Reading

ADA And GINA: The EEOC Suggests That Additional Layers Of Privacy Protections For Employee Health Information May Be Necessary

The EEOC recently released an informal discussion letter suggesting that employers may be obligated to do more than just maintain a separate file for employee medical records, especially when those records are in an electronic format. Both the Americans with Disabilities Act of 1990 (“ADA”), as amended, and the Genetic Information Non-Discrimination Act of 2008 … Continue Reading

California Federal District Court Partially Relies On Dukes To Decertify A Class Of Store Managers Alleging Misclassification

On July 8th, partially relying on the U.S. Supreme Court’s June 20th decision in Wal-Mart Stores, Inc. v. Dukes (for an analysis of the Dukes decision, see our previous blog entry), the United States District Court for the Northern District of California decertified a class of current and former store managers who alleged that Dollar … Continue Reading

Classless Claim In Topless Bar: Arbitration Clause Strips FLSA Action Bare

The class action under the Fair Labor Standards Act arguably is the employer’s most dreaded legal claim.  In April 2011, the United States Supreme Court provided a potential escape hatch for employers.  In AT&T Mobility v. Concepcion, the Supreme Court seemed to signal — “seemed” being the operative word — that employers need only enter … Continue Reading

The Next Chapter In Enforcing Non-Compete Agreements In Texas

On June 24, 2011, the Texas Supreme Court wrote the next chapter concerning the enforceability of non-compete agreements in Texas.  A company’s provision of stock options to employees was deemed satisfactory consideration for a non-compete agreement in Marsh USA Inc. and Marsh & McLennan Companies, Inc. v. Cook, — S.W.3d —-, 2011 WL 2517019 (Tex., … Continue Reading

National Labor Relations Board Finds Use Of Giant Inflatable Rats A Legal Form Of Protest

The National Labor Relations Board (“NLRB”) handed down an opinion last month, in Sheet Metal Workers International Association, Local 15 (Brandon Regional Medical Center), 361 NLRB No. 162 (2011), that constitutes a victory for union members and giant inflatable rats everywhere.  Inflatable rats have been used by unions to protest employers’ use of non-union (or … Continue Reading
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