Discrimination against Temporary Employees

Many companies use temporary employees to supplement their permanent workforce.  Typically, the client company contracts with an agency to provide temporary employees and the temporary employees are employees of the agency, not the client company.  In the context of Title VII, the client company may be considered a “joint employer” and be directly liable for… Continue reading Discrimination against Temporary Employees

Supreme Court says No Pay for Employee Security Screening Time

Last week,the Supreme Court addressed whether an employer must pay for time an employee spends waiting to go through security after the end of a shift.  The case involved temporary workers at an Amazon warehouse in Nevada who sought pay for time spent waiting to go through security screeningsbefore leaving the warehouse.  The Supreme Court… Continue reading Supreme Court says No Pay for Employee Security Screening Time

Employers Must Let Employees Use Employer Email for Protected Communications

The NLRB recently held that employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems.  In other words, if an employer permits employees to use company email in the course of their work, the employees must be… Continue reading Employers Must Let Employees Use Employer Email for Protected Communications

9th Circuit Clarifies Standard for Pleading FLSA Claims

Last month, the 9th Circuit held that a plaintiff seeking minimum wages and/or overtime under the FLSA must do more than simply allege that their employer failed to pay overtime.  Instead, an employee seeking overtime must allege that they worked more than 40 hours in a specific workweek without being compensated for the hours worked… Continue reading 9th Circuit Clarifies Standard for Pleading FLSA Claims