Employers seeking foreign workers through the H-2B visa program will have a new prevailing wage determination pursuant to a 2011 regulation. Concerned employers brought suit against the Department of Labor (DOL) challenging the DOL’s authority to create and implement the rule, citing violations of the Administrative Procedure Act and the Regulatory Flexibility Act. The 2011 […]

Corporate liability in the aftermath of Kiobel v. Royal Dutch Petroleum Co. continues to be indefinite. Du Daobin filed action against Cisco in federal district court in Maryland, alleging the Golden Shield (a nationwide surveillance program) detected his circulation of Internet articles calling for fair treatment of rural farmers in China, after which he was […]

The EEOC issued Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 in April of 2012, in light of significant recent rulings against employers related to criminal background checks. The guidance does not prohibit criminal background checks, but rather it requires […]

The Supreme Court of Rhode Island held that the language in the collective bargaining agreement between the defendant employer and the plaintiff’s union was insufficiently explicit to preclude the plaintiff from seeking redress in a judicial, rather than arbitral, forum. In this case, the plaintiff appealed a superior court’s order to submit to arbitration as […]

  The Maritime Labour Convention, 2006 (MLC), known as the “seafarers’ bill of rights,” entered into force August 20, 2013. The United States has not ratified the MLC, but will still have to apply the MLC requirements, through the “no more favourable treatment clause,” to ships flagged in ratifying countries and comply with the 14 […]

by Elan Cameron On March 6, 2014, the Equal Employment Opportunity Commission (EEOC) released additional guidance on religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), specifically on issues of religious garb and grooming in the workplace. The guidance requires employers to make exceptions to their usual workplace policies to […]

by John Leddy If you have ever been frustrated by not being able to purchase priority mail envelopes on a weekend or send a package from the post office after the national news, you may be a fan of the Staples pilot program the United States Postal Service (USPS) announced in October of 2013. As […]

by Phoebe Ramsey  There has been a flurry of recent litigation challenging whether church-affiliated hospitals and healthcare systems’ pension plans are covered as “church plans,” and thus exempt from the requirements of the Employee Retirement Income Security Act of 1974 (ERISA), including reporting and disclosure, minimum funding, and fiduciary duty requirements. The plaintiffs in these […]

by Amy Chen Arbitration has often received controversial and mixed responses from companies, trial lawyers, labor leaders, and civil rights advocates. Employers highly value and frequently use this tool to resolve workplace disputes with their employees. Very often, as a condition of their employment, employees must waive their right to litigate and instead use arbitration […]

by Christa Pitts As a recent college graduate from an Atlantic Coast Conference (ACC) school, I completely identify with the feeling of admiration that college students have for their schools’ athletes.  In many instances, these athletes are campus celebrities–students beg for their autographs and their pictures are plastered everywhere.  But as much as I reveled […]


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