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David B. Ritter

Employee gripes on Facebook: Can we draw a line?

10/18/2011
Q. You’ve written that we can’t fire employees for their “concerted activity,” like talking about pay or bosses, and we may have to live with certain complaining via social media. But are there limits?

Mondays off for religious reasons: Is this legit?

10/11/2011
Q. We have an employee who claims to belong to a religious sect I have never heard of. Their alleged holidays always occur on Mondays. Do I have to give her these holidays off?

Can worker use iPhone to secretly record review?

10/03/2011
Q. One of our employees secretly did an audio recording of his performance review meeting with his iPhone. Is that legal?

What’s the NLRB’s real stance on employees’ social media criticism of employers?

09/21/2011
Q. We’ve heard about the National Labor Relations Board’s focus on an employee’s right to post critical work-related comments on Facebook. However, we also heard that the NLRB has started to limit its view on whether such comments are protected concerted activity. What’s going on? 

Treating some minorities well doesn’t excuse bias against others

09/21/2011
By now, every employer understands that Title VII prohibits discriminating against employees because of their race. A recent 7th Circuit case makes clear a subtle but important point about race bias: Employers can’t de­­fend discrimination against some members of a protected class by claiming they don’t discriminate against all members of that class.

Off-hours training: Paid or unpaid?

09/14/2011
Q. We are requiring some hourly employees to take additional training. Those who work the day shift can attend the training in lieu of work. But employees who work the night shift will have to come in during the day. Must we pay extra for the night shift employees to attend the training?

Offering extra leave as hiring incentive: Any risk?

09/05/2011
Q. We are considering hiring a new RN. She is requesting an extra week of vacation above what our company policy offers. Would we be discriminating against our other full-time employees if we grant her request?

Must employers grant FMLA leave for an adult child’s injuries?

08/29/2011
Everyone knows employees can use FMLA to care for minor children who have serious health conditions. But what about adult children who need a parent’s care? It’s a difficult issue that straddles the complex intersection of the FMLA and the ADA, plus definitions of “disability” and “care.”

What are the details on the new, proposed NLRB union election rules?

08/11/2011
Q. We are a union shop. We’ve heard the NLRB has new rules about unions. What do they involve and what do they require us to do?

Know 6 factors that determine independent contractor status

08/11/2011

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the U.S. Department of Labor, which has stepped up efforts to deter misclassification.