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What’s New & What’s Next in Employment Law (Webcast)

ManpowerGroup • February 10, 2016
What's New and What's Next in Employment Law for 2016.

This Valentine's Day, Telling Your Employees "I Love You" Could Get You Sued

Fisher & Phillips LLP • February 10, 2016
Of all the heartfelt gestures you can make this Valentine’s Day – sending roses, a box of chocolates, or even just a greeting card – perhaps nothing means more than simply saying “I love you.” But an employer who did just that, and encouraged its workforce to share the same sentiments with coworkers on a regular basis, learned the hard way that such comments are not necessarily appropriate for the workplace and could lead to an employment lawsuit. Read on to get a glimpse into a peculiar workplace practice, and to avoid falling into the same trap this Valentine’s Day.

Wrongfully Reviewed? Risks of Performance Review Process

Goldberg Segalla LLP • February 10, 2016
Performance reviews are a necessary step in the path to ensuring a team of productive employees. However, as illustrated by a series of recent lawsuits filed by Yahoo employees against the internet giant, performance reviews are not without risks to the employers who administer them. In one such suit, an employee alleges that he and approximately 600 other Yahoo employees were unfairly fired based upon an allegedly unfair performance evaluation system, and were terminated without the notice required by federal and state laws, including the Worker Adjustment and Retraining Notification Act (WARN).

Florida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your Premiums

Ogletree Deakins • February 10, 2016
On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs’ lawyers trying to turn the clock back on Florida’s Workers’ Compensation Law. Before 2003, employers in Florida had some of the highest insurance costs in the entire country. Despite the high premiums, employees arguably received the least in benefits actually paid. During the subsequent years, numerous challenges to the 2003 reforms began working their way through the system.

Arbitration Agreements

Jackson Lewis P.C. • February 09, 2016
Denying an employer’s motion to compel individual arbitration of a wage and hour class action, a California federal court ruled that the employer’s dispute resolution program violated its employees’ right to engage in concerted action under the National Labor Relations Act (“NLRA”). Totten v. Kellogg Brown & Root, LLC. Notably, this ruling departs from the established trend of federal courts declining to follow the precedent set in In re D.R. Horton, Inc. (“Horton I”) and has significant implications for employers contemplating whether to remove a class action involving the enforcement of arbitration agreements to federal court.

Puerto Rico Supreme Court Scolds Employer for Interfering with Working Mother’s Breastfeeding Rights

Jackson Lewis P.C. • February 08, 2016
Emphasizing that Puerto Rico legislation protects employees’ breastfeeding rights in the workplace and that maternity enjoys special judicial protection in the Commonwealth’s legal framework, the Puerto Rico Supreme Court has ruled that employers, public and private, regardless of their circumstances, must provide a “private, safe, and hygienic” space for employees to exercise their breastfeeding rights upon returning to work. Siaca v. Bahía Beach Resort & Golf Club, Num. AC-2012-102, __ P.R. Dec. __ (2016).
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