Ross Runkel

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Is it illegal to bully an employee?It is not, unless the bullying is because of race, sex, religion, disability, or other statutory protected characteristic. Let’s use sex as an example. If an employer bullies an employee because of his or her sex, then that can violate Title VII (and similar state laws). The reason is

Can Amazon’s “last mile” delivery drivers avoid arbitration?They’re exempt from FAA-required arbitration.But what about state statutes that require arbitration agreements to be enforced?The Federal Arbitration Act (FAA) requires courts to enforce arbitration agreements, but there is an exception for “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” These

An employee was on paid administrative leave during an investigation. Does the time spent on paid administrative leave count toward the 1,250 “hours of service” to qualify for Family Medical Leave Act leave?My answer is “No.”This is based on a recent arbitration opinion of mine. While on paid leave, the employee was paid regular wages,

To prove that a forced transfer violates Title VII, must the employee prove she suffered “significant” harm? Or is “some” harm enough?The US Supreme Court unanimously says “some” harm is enough. It need not be “significant,” or “serious,” or “substantial,” or “any similar adjective.” Muldrow v. City of St. Louis (US Supreme Court 04/17/2024): https://www.supremecourt.gov/opinions/23pdf/22-193_q86b.pdf

Can a wage-earning hotel manager be an “employer” subject to individual liability under the Fair Labor Standards Act (FLSA)? Are you surprised that the answer is “Yes”? A hotel’s front desk clerk sued the hotel and the manager, claiming he wasn’t paid the minimum wage under FLSA. The manager pushed back, saying he was not

The US Supreme Court has clipped the NLRB’s wings when it comes to seeking preliminary injunctions under NLRA §10(j). Starbucks v. McKinney (US S. Ct. 06/13/2024) [PDF].The NLRB started its normal administrative process to determine whether Starbucks committed an unfair labor practice. The NLRB claimed that Starbucks unlawfully discharged multiple employees who had

The FTC on April 23 issued a final rule that will ban non-compete agreements nationwide. [Full text] This will apply to almost all workers, whether classified as an employee, independent contractor, extern, intern, volunteer, apprentice, or a sole proprietor.There will be two main exceptions:– Existing non-competes for senior executives can remain in force,