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IAML Insights

March 12, 2015

When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory motive can be shown, is the harm suffered by the claimant significant enough to support a viable discrimination claim? This...

March 11, 2015

Once an employer agrees to a Consent Decree with the EEOC (and a court enters the decree), that EEOC dispute is over, right?  Oh no.  The Consent Decree gives the EEOC a new enforcement tool; with any new act of discrimination that also violates the decree, the EEOC may go directly to court and seek a contempt finding.  In EEOC v....

March 10, 2015

Purple Communications, Inc. 361 NLRB No. 126 (2014)The National Labor Relations Board, by a 3-2 vote, overruled the Board’s decision in Register Guard, 351 NLRB 1110 (2007) and ruled that “employee use of e-mail for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give...

March 09, 2015

An Arizona employer recently learned a costly lesson under the FLSA. Alzate v. Creative Man Painting Three employees sued their employer for a variety of FLSA violations and other claims. The employer, through its attorney, repeatedly tried to settle the case from its inception, but the employees’ counsel refused to discuss settlement until the...

March 09, 2015

On March 5, 2015, the U.S. Department of Labor issued a Final Rule implementing protections for employees of securities companies and their subsidiaries, as well as employees of national credit-rating agencies.  The Final Rule protects employees of public companies, their subsidiaries, contractors and subcontractors from retaliation for...

March 06, 2015

The District of Columbia’s Accrued Sick and Safe Leave Act of 2008 (ASSLA), which requires employers to provide paid leave to employees for their own or a family member’s illness as well as in certain other situations, was amended by the Council of the District of Columbia in 2013 and its changes became effective on October 1, 2014. In expanding...
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