General

A case being considered by the California Supreme Court has the potential to affect meal and rest breaks for all nonunion employees. At issue in Brinker v. Superior Court is whether an employer must ensure that hourly employees take breaks. Currently, California law provides that workers are entitled to a meal break after five hours of work.…

Recently, the National Labor Relations Board ruled that the college football players at Northwestern should be considered “employees” of the University and entitled to organize. This decision may have significant implications for college athletes, should the courts also consider the athletes “employees” who may be entitled to overtime pay and other wage and hour protections…

A recent case out of Las Vegas places the tip sharing policies of some high profile casinos under intense scrutiny. At issue – a tip sharing policy that requires Las Vegas Strip casino workers to share their tips with their supervisors. Last week the Nevada District Court ruled that the policy in place at Wynn…

As the new Supreme Court session gets under way, an important case for worker’s rights will be determined. In Kasten v. Saint-Gobain, the Court will examine the issue of retaliation as it relates to the Fair Labor Standards Act (“FLSA”). The FLSA covers a number of different areas, including minimum wage, overtime and child labor laws.…

As summer approaches and the recession continues many workers may consider taking an unpaid internship. Unpaid internships have many benefits for both employers and workers. They provide an opportunity for interns to learn skills, make connections and demonstrate their work ethic. Employers benefit by having eager workers assist them and receive training without having to…

Many Atlanta mothers returning to work after giving birth want to continue breastfeeding at work but wonder about finding the time to pump on the job and if they have any rights to do so. In an effort to encourage breastfeeding and protect women who want to take time out to pump or breastfeed, the Department…

Last November, the Genetic Information Nondiscrimination Act “GINA” became law. GINA provides a general ban on employers’ obtaining genetic information about employees or job applicants, including the inadvertent acquisition of the information for use in employment decisions. Almost a full year after GINA became effective, the EEOC has issued final regulations interpreting its application. The EEOC final regulations are…

In March, the Patient Protection and Affordable Care Act (PPACA) took effect, amending Section 7 of the Fair Labor Standards Act (FLSA). The PPACA requires that employers must provide “reasonable amounts of time and a private place for breast-feeding employees to express milk.” In a recently issued fact sheet, the Wage and Hour division explains employers’ obligations…

Many times job applications contain “legalese” – language that may waive a right or in someway limit an employee’s path to recovery. However, according to the U.S. Court of Appeals for the Sixth Circuit, provisions contained in a job application which limit an individual’s legal remedies may not be enforceable if the applicant did not knowingly…