Legal News

In my 27 years of practicing labor and employment law, I have observed a number of repeated preconceptions and points that in my humble opinion are simply wrong. I am not arguing that everyone, or even most people, believes all of these points....By: Foley & Lardner LLP

The National Labor Relations Board (NLRB or the “Board”) has been steadily increasing employers’ rights to restrict union access to their facilities. Now the Board appears poised to codify the new rules of engagement in forthcoming proposed rules....By: Foley & Lardner LLP

Those who believed the Trump administration would scale back the Obama-era Department of Labor’s (DOL’s) aggressive enforcement of wage and hour laws may be surprised to learn that the DOL recently announced that it recovered a record $322 million in...By: Foley & Lardner LLP

Now more than ever, employers are using social media to screen job applicants. According to a 2018 survey, 70 percent of employers use social media to research candidates. Using social media to research job applicants can provide you with useful...By: Foley & Lardner LLP

We have all admired (or perhaps been one ourselves) the multitasking, be everywhere and do everything restaurant server. But one question that has long vexed employers in the service industry is how to properly compensate servers who bounce between...By: Foley & Lardner LLP

Sometimes, asking “Can I fire this person?” is the wrong inquiry to begin with.  The better question may be “If I fire this person now, will my reasoning be believable to an outsider (especially a group of outsiders called a jury)?” Usually, the...By: Foley & Lardner LLP

In his 2016 presidential campaign, Donald Trump frequently expressed populist themes, rhetorically criticizing “big business” and “special interests,” and signaled an activist antitrust agenda with his comment in October 2016 that a major telecom...By: Foley & Lardner LLP

Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly executed waivers of...By: Foley & Lardner LLP

If your company sponsors a 401(k) or 403(b) plan that allows participants to take hardship distributions, you probably had a conversation with your plan recordkeeper last year about changes to the rules on hardship distributions under those plans....By: Foley & Lardner LLP

As an employer or manager, have you ever collected a resigning employee’s employer-owned laptop or cellphone and discovered that the employee left a personal email account automatically logged in? Did you have the urge to look at what the employee...By: Foley & Lardner LLP