Month: April 2011

THE NATIONAL LABOR RELATIONS BOARD PLANS COMPLAINT AGAINST EMPLOYER IN A CASE INVOLVING TWITTER

          In a first-of-its-kind case, the National Labor Relations Board (NLRB) has informed an employer, Thomson Reuters, that it plans to file a civil complaint against that company for reprimanding an employer over a Twitter posting she had sent criticizing management of the company.               The NLRB asserts that the company violated the employee’s right …

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RESTAURANT OWNERS FACE CRIMINAL CHARGES FOR HIRING AND PAYING ILLEGAL IMMIGRANTS OFF-THE-BOOKS

          Two owners of a Mexican restaurant chain in the Southwest were arrested last week and charged in federal court of knowingly hiring illegal immigrants as kitchen workers and committing tax fraud by paying them off-the-books.  Specifically, the charges range from the unlawful hiring and harboring of illegal aliens to conspiracy to defraud the IRS …

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UNITED STATES SUPREME COURT RULES THAT VERBAL COMPLAINTS REGARDING WAGE VIOLATIONS ARE PROTECTED UNDER THE FAIR LABOR STANDARDS ACT

            In late March, 2011, in a case entitled Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court held that employees who make complaints to their employers regarding wage violations, even verbal ones, are protected under the Fair Labor Standards Act (FLSA).              The case arose after an employee made complaints to his former employer …

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UNITED STATES SUPREME COURT BROADENS EMPLOYER LIABILITY IN EMPLOYMENT DISCRIMINATION CASES

In Staub v. Proctor Hospital, a decision rendered on March 1, 2011, the United States Supreme Court concluded that an employer can be held liable for the discriminatory animus of an employee who simply influenced the employment decision, even if that employee did not make the ultimate employment decision.  In this case, the fired employee …

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