Legal News

Do your employees sign arbitration agreements? If so, do your arbitration agreements prevent employees from joining class actions against your company? Does your company want to start requiring arbitration agreements? If “yes” is the answer to any of...By: Bradley Arant Boult Cummings LLP

A seemingly routine Sixth Circuit appeal involving the interpretation of the federal Employee Retirement Income Security Act statute (ERISA) recently sparked an interesting debate between two Circuit Judges — Amul Thapar and Jane Stranch — on the use...By: Bradley Arant Boult Cummings LLP

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by adding new reasons after...By: Bradley Arant Boult Cummings LLP

Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of the FLSA....By: Bradley Arant Boult Cummings LLP

In most industries, it is common for employers to implement no-fault attendance policies to discipline employees for unexcused tardiness or absences that adversely impact the productivity and success of the business. To complement these policies,...By: Bradley Arant Boult Cummings LLP

The EEOC’s revised EEO-1 form, which now includes employee pay data, must be filed for covered employers for calendar years 2017 and 2018 by September 30, 2019. Remember that EEO-1 forms are required of all employers with 100 or more employees, as...By: Bradley Arant Boult Cummings LLP

Last week, the National Labor Relations Board (NLRB) issued a decision in Cordúa Restaurants, Inc., that permits employers to create and enforce arbitration agreements with collective waivers in direct response to Fair Labor Standards Act (FLSA)...By: Bradley Arant Boult Cummings LLP

If an employee asks for time off to attend a meeting at his or her child’s school, is that covered by FMLA? Maybe not but it depends on the nature of the meeting. If the child is disabled and the school meeting is for the child’s IEP, according to a...By: Bradley Arant Boult Cummings LLP

A federal trial court has dismissed a lawsuit brought by a participant in an employee stock ownership plan (ESOP) claiming that fiduciaries of the ESOP caused it to overpay for stock of the company in a leveraged transaction. The court concluded...By: Bradley Arant Boult Cummings LLP

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class arbitration remains advisable...By: Bradley Arant Boult Cummings LLP