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The Legal Forum on Employment and Labor Law (Audio)

Nexsen Pruet attorney Grainger Pierce appeared on the Saturday, August 16 edition of the syndicated radio program The Legal Forum. The hour-long discussion of Employment and Labor Law aired on WAVO 1150 AM in Charlotte, NC.

Is the EEOC off the rails with this new “wellness” lawsuit? Don’t think so.

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program’s health risk assessment is an unlawful “medical examination” and that the company retaliated against Ms. Schobert for failing to have a positive attitude about it. Both the medical examination and the retaliation, says the EEOC, violate the Americans with Disabilities Act.

Use of Non-Competes Cited as Factor Against Independent Contractor Status

Requiring independent contractors to sign non-competes may contribute to a finding that they were misclassified employees entitled to overtime, according to a decision from the Northern District of Illinois. In Perez v. Super Maid, LLC, No. 11-C-07485 (N.D. Ill. July 14, 2014), the court granted a motion for summary judgment by the U.S. Department of Labor alleging that Super Maid violated the Fair Labor Standards Act (FLSA) by treating its maids as independent contractors. The court entered judgment against the defendants in the amount of $184,505.26 and issued an injunction prohibiting defendants from violating the FLSA in the future.

Russian Employment Law: Terms of Employment and Separation

This article is the second in a series of articles regarding Russian employment law. Terms of Employment. Under Russia’s Labor Code, there is a maximum 40-hour work week for employees, and less than that for certain types of jobs and workers, such as for employees working in dangerous environments or employees under eighteen years of age. The law also contains provisions pertaining to flexible job arrangements, such as virtual work and flexible working hours. Russia’s Labor Code was amended in April 2013 to set forth a number of new statutory provisions recognizing the growing existence of employees working in virtual locations. These amendments address many matters specific to remote workers, such as working hours and discharge reasons, as well as the communication of the employer’s hiring, termination and other decisions.

Preventive Strategies Third Quarter 2014

A bulletin on employment, labor, benefits and immigration law for employers.


This article is Part I1 of a two-part series providing an overview of recent United States Supreme Court decisions in employment law. Part I of this article was featured on July 25, 2014. The following opinions round out the Court’s labor and employment law opinions issued during the October 2013 Term. Although Supreme Court decisions typically affect broad groups of employers, the reach of these cases is relatively narrow. In each case, the Court addressed issues that are peculiar only to specific employers.

Teleworker, or teleslacker? Here’s how employers can tell the difference.

You all know that I love telecommuting, although it works better in some instances than in others.

Dealership Handbooks Are Being Picked Apart

Whether your dealership is unionized or you’ve never had to deal with organized labor, your employment policies are more likely now than ever to be targeted by the National Labor Relations Board (NLRB). Over the past two years, the board has been increasingly aggressive in striking down auto dealership employment policies that had been legal for years.

Dealership Update: Ask Fisher & Phillips

In “Ask Fisher & Phillips,” we take some of the more common dealership questions and provide our response and advice. This section is based on our clients’ real-life questions. But don’t worry . . . all names have been removed to protect the innocent!

Dealership Update: Better Check The Brakes

The previous month’s sales numbers are final and Jane’s sales are abysmal…again. You’ve had enough and decide to fire her. You call HR to get the paperwork started. Your HR manager tells you that Jane has just left her office after complaining that she never gets house deals, she’s forced to split her deals with the guys, and the desk regularly rejects her deals which results in her having low sales.
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