DOL Fiduciary Rule in Jeopardy: How Employers Can Protect 401(K) Investors
Submitted by Ali Law Group PC on February 15, 2017 President Trump has signed an executive order instructing the Department of Labor (DOL) to “rescind or revise” the controversial ruling passed last year imposing a “fiduciary rule” on retirement accounts. With an applicability date of April 10, 2017, the rule broadly defines who is a “fiduciary” […]
Employer’s “Honest Belief” Defeats FMLA Retaliation Claim
Submitted by Ali Law Group PC on February 7, 2017 On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave can be enough to defeat a retaliation claim under the […]
Does Your Employee Handbook Violate the NLRA?
Submitted by Ali Law Group PC on December 7, 2016 The National Labor Relations Act (NLRA) is an under-utilized law protecting union and non-union employee rights. Many employers do not realize that it applies to them, but the NLRA actually applies to just about every private employer whether or not your workplace is unionized. Section […]
Former Trader Joe’s Employee Says He Was Fired for Not Smiling
Submitted by Ali Law Group PC on November 18, 2016 Ex-Trader Joe’s employee Thomas Nagle recently filed an unfair labor practices charge with the National Labor Relations Board (NLRB) against the health and gourmet food chain headquartered in California with more than 400 stores nationwide. In addition to complaining of workplace hazards and harassment by […]
Recordkeeping During Natural Disasters
Submitted by Ali Law Group PC on November 2, 2016 Did you know the FLSA’s recordkeeping requirements still apply during natural disasters? It’s true. The Fair Labor Standards Act (FLSA) does not provide any relief from its record-keeping requirements due to weather-related emergencies. Thus, employers must still maintain accurate records of time worked. As nonexempt […]
Orlando Judge Rules in Favor of Disney in H-1B Racketeering Suits
Submitted by Ali Law Group PC on October 18, 2016 A federal judge in Orlando, Florida dismissed lawsuits by former Walt Disney Company employees claiming that Disney and the outsourcing firms it contracted with made false statements on certifications for H-1B temporary visas and conspired to violate visa laws. H-1B visas are intended for foreigners […]