Litigation

D.C. Circuit Weighs in on Employee’s Right to Union Representation at Disciplinary Meetings

August 23, 2017
In a recent ruling, the U.S. Court of Appeals for the D.C. Circuit has shed light on the scope of an employee’s right to union representation at an investigatory interview conducted by the employer. The prior case of NLRB v. J. Weingarten, Inc., 420 U.S. 251, 256 (1975) confirmed that an employee must be allowed to bring a union representative to any investigatory interview that he or she is required to attend, if the employee reasonably believes that the interview could result in disciplinary action.

Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices

August 18, 2017
In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (“FLSA”). Plaintiff-side employment lawyers took note immediately and began advertising to their target audience. It is not surprising, therefore, that servers, bartenders, and seasonal or event staff have advanced employee complaints based on alleged improper wage- and tip-payment practices with increased frequency, exposing the restaurant industry’s unique vulnerability to the complex and nuanced requirements of the statute.

Contractor Execs Not Subject to Individual Whistleblower FCA Claims, Says Federal Judge

May 3, 2017
In a recent Memorandum Opinion, T.S. Ellis, III, U. S. District Judge for the Eastern District of Virginia, has ruled...

4th Circuit Sets Forth Test for Determining What Constitutes “Joint Employer” for FLSA Purposes

April 13, 2017
In a pair of recent cases, the U.S. Court of Appeals for the 4th Circuit (which hears appeals from the...

Seventh Circuit Rules That Sexual Orientation is a Protected Class Under Title VII

April 5, 2017
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit ruled that a part-time math instructor...
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