In Kiernan v. AAA Mechanical, Inc., No. 10-4421 (MLC), 2012 U.S. Dist. LEXIS 90655, (D.N.J. June 29, 2012), the plaintiff sued her employer for overtime compensation under the New Jersey Wage and Hour Law shortly after the New Jersey Department of Labor (NJDOL) conducted an investigation on her behalf and determined the employer was in violation of the law. Although the employer requested a hearing to contest the NJDOL’s finding, the NJDOL terminated the administrative proceeding without holding a hearing when the plaintiff filed the lawsuit. Despite the lack of a hearing below, the plaintiff argued that the NJDOL’s finding mandated a ruling in her favor in the lawsuit. The court rejected that position, holding that because the NJDOL’s conclusions were subject to further review (including the hearing), they did not constitute a final and binding determination on the merits of the plaintiff’s overtime claim.
In my prior post, I discussed the type of data that the government collects with EEO-1 reports and how that information is used. In this post, I address the upcoming deadlines for both EEO-1 and VETS-100 reports. EEO-1 reports for employers with 100 or more employees and federal contractors/first-tier subcontractors with…..
On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at least once annually.
The National Labor Relations Board (the NLRB or Board) and its administrative law judges continue to scrutinize employers’ social media policies, with additional guidance being released almost weekly. In a case involving Dish Network Corporation (Dish Network), an administrative law judge (ALJ) opined that the employer’s social media policy violated…..