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Employment Law

Workers: Don’t monitor me!

06/23/2015
More than half of working people polled don’t want their bosses snooping on them. Asked how important they considered not being monitored at work, here’s what respondents said.

House bill would deny 2016 funding for controversial agency regulations

06/22/2015
The House of Representatives, intent on rolling back some of President Obama’s most incendiary labor policies, is using the FY2016 federal appropriations process to deny funding to carry out several National Labor Relations Board, Department of Labor and OSHA initiatives.

You’re not liable for customers’ racial slurs

06/22/2015

Sure, judges expect employers to keep the work environment relatively free from harassment, at least when slurs and other bad behavior come from co-workers and supervisors. But a different, more lenient standard applies when the source is outside the company’s direct control.

Not posting FLSA notices means unlimited liability

06/22/2015
An employer that normally would have been liable for three years’ worth of willful FLSA violations may be on the hook for violations stretching back 11 years.

California: Uber driver an employee, not a contractor

06/19/2015
Sharing-economy employers, take note: Your innovative business model doesn’t mesh well with traditional interpretations of employment law. The latest evidence: The California Labor Commissioner’s determination that an Uber driver is an employee, not an independent contractor.

Franken introduces bill limiting mandatory arbitration

06/18/2015
Sen. Al Franken has co-sponsored a bill with Rep. Hank Johnson (D-Ga.) that would limit what issues employers could force employees to arbitrate.

Does FMLA apply to same-sex spouses who don’t live in states that recognize same-sex marriage?

06/18/2015
Q. We have operations in South Dakota, and one of our employees there has requested FMLA leave to care for his same-sex spouse for an FMLA-qualified reason. The couple was married in Minnesota, but South Dakota does not recognize same-sex marriage. Should we grant the FMLA leave request?

Wearables at work: Big data or Big Brother?

06/18/2015
The ability to acquire biometric data is growing all the time, and yes, it will create employment law problems.

Extra leave isn’t always ADA accommodation

06/16/2015
The FMLA and the ADA are supposed to work together so employees who need some time off for serious health conditions and disabilities don’t lose their jobs. Fortunately for employers, there are limits to leave—especially for jobs that require regular attendance.

Court: No FLSA poster equals unlimited liability

06/11/2015
For want of a thumbtack, the Fair Labor Standards Act’s statute of limitations didn’t run. In a case involving a domestic worker’s pay dispute but equally applicable to any employment situation, a federal appeals court ruled that failing to display the Department of Labor’s minimum wage poster meant an employer was on the hook for years of wage-and-hour violations.