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Labor & Employment Law Alert - January 2014

By Robert Sniffen posted 02-06-2014 14:42

  
Below is a quick summary of recent employment issues -
  • National Labor Relations Board (“NLRB”) held that a company’s “No Gossip” policy violated the National Labor Relations Act (“NLRA”)
      
  • EEOC Refuses to Back Off of Criminal Background Check Issue - Despite being taken to task by several Federal courts, the U.S. Equal Employment Opportunity Commission (“EEOC”) released copies of discussion letters providing insight on the agency’s position on criminal background checks and discrimination.  
      
  • U.S. Supreme Court Holds Donning and Doffing Protective Gear Not Compensable Under the FLSA - The Supreme Court issued a decision in Sandifer v. United States Steel Corporation (Case No. 12-417), a case which addressed whether an employee’s time spent “donning and doff¬ing” protective gear is compensable time under the Fair Labor Standards Act (“FLSA”). The Court concluded that this time was not compensable.
      
  • Seventh Circuit Holds Employers Cannot Challenge EEOC Conciliation - The EEOC recently issued a press release highlighting a Seventh Circuit Court of Appeals decision which held that employers cannot challenge, and courts cannot review, the adequacy of the EEOC’s informal pre-litigation efforts to bring employers into compliance with federal anti-discrimination laws.
      
  • Florida Lawmakers Push for $10.10 Minimum Wage - On January 1, 2014, Florida’s minimum wage increased by $0.14, bringing the new mini¬mum wage to $7.93 per hour ($4.91 per hour for tipped employees). Representative Cyn¬thia Stafford (D) and Senator Dwight Bullard (D) have sponsored bills which would in¬crease Florida’s minimum wage to $10.10 per hour for all employees, effective January 1, 2015.  The proposed legislation is available at the following links: HB 385; SB 456.
Read more on these issues and others at SniffenLaw.com
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