Employment Law 101
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Michael Wildes Helps Tim Rogers Clear Major Hurdle Towards Securing His Green Card

Michael Wildes Helps Tim Rogers Clear Major Hurdle Towards Securing His Green Card | Employment Law 101 | Scoop.it

Managing Partner Michael Wildes is pleased to announce that a major hurdle was cleared toward helping celebrity stylist Tim Rogers obtain his green card.


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Fair Labor Standards of Care: Examining the Affordable Care Act’s Changes to the FLSA

Co-authored by Brett Bartlett, Nicole Bogard, Alex Passantino, David Pilson, and Kevin Young Since it was signed into law in March 2010, the Patient Protection and Affordable Care Act, or “ACA,” has been a focus of national attention.  While most have zeroed in on the employer mandate to provide health insurance, there are many other important changes, including to the FLSA.  In this post, we focus on how ACA amended the FLSA and what those changes mean for employers. Auto-Enrollment.  ACA added new Section 18A to the FLSA, which requires employers covered by the FLSA that have more than 200 full-time employees to automatically enroll new full-time employees in one of the employer’s offered health plans (if any).  Employees must also receive an opportunity to “opt out.”  In February 2012, the DOL indicated this requirement will not be enforced until regulations are issued.  It remains uncertain when this mandate will become effective. Implications:  If they have


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Arbitration Agreements Obtained From Current Employees After FLSA Putative Collective Commenced Might Be Unenforceable

Arbitration Agreements Obtained From Current Employees After FLSA Putative Collective Commenced Might Be Unenforceable | Employment Law 101 | Scoop.it

Via yardtree
Trang Tran's insight:

The court invalidates arbitraton agreeements procured during a pending collective action motion because the unsupervised communication by the employer to the employee may be an attempt to supress class participation.  "The Eleventh Circuit recognized the potential for coercion in such situations and held that the court had authority in Rule 23 class actions to invalidate opt-outs when they were procured through fraud, duress, or other improper conduct. Kleiner v. First Nat. Bank of Atl., 751 F.2d 1193, 1212 (11th Cir.1985). ...The court takes seriously its responsibility to see that an employer not engage in coercion or duress to decrease the size of a collective class and defeat the purpose of the collective action mechanism of the FLSA."

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yardtree's curator insight, February 28, 2013 8:10 AM
This case was before the court on the plaintiffs’ motion for conditional certification as well as the plaintiffs’ motion for corrective action regarding meetings the defendant acknowledged having with putative class members after learning of the lawsuit. As discussed here, after the plaintiffs had commenced their putative collective action, but prior to the time they filed their motion for conditional certification, the defendant required putative class members to attend meetings with its management where it had putative class members sign blank declarations and a mandatory arbitration agreement. The court held that the documents may not be enforceable, and that class members who felt they signed same under duress would not be bound by the documents they previously signed.
Trang Tran's comment, February 4, 2014 6:55 PM
Take away, don't force arbitration agreements on putative class members.
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Cheshunt firefighter Ashley Brown loses appeal after being sacked for discussing strikes

Cheshunt firefighter Ashley Brown loses appeal after being sacked for discussing strikes | Employment Law 101 | Scoop.it
A FIREFIGHTER from Cheshunt sacked for discussing strike action on social media has failed in his bid to appeal against his dismissal.

Via Chris Hadrill
Trang Tran's insight:

I think an NLRB complaint in the near future for this termination.

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FLSA Wage Violations

FLSA Wage Violations | Employment Law 101 | Scoop.it

The Department of Labor recently issued a reminder to notify prospective employers that even seasonal jobs are subject to FLSA. Read more

http://goo.gl/6imVI

 

 


Via Michael Stein
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Michael Stein's curator insight, January 4, 2013 7:23 AM

The Department of Labor recently issued a reminder to notify prospective employers that even seasonal jobs are subject to FLSA.

http://ezinearticles.com/?Time-Keeping-Software---Helping-With-Seasonal-Employees-and-FLSA-Compliance&id=7433851