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Employment Law

There’s no free lunch … or free work

04/21/2022
The Fair Labor Standards Act requires that you pay at least minimum wage for all hours worked by employees. In almost all cases, “free” work is illegal, and you can’t just get around that requirement by citing “noncompensation” in a job ad, or by having an employee sign away their rights to compensation.

Abide by all OSHA rules regarding sick, tired drivers

04/21/2022
OSHA enforces the whistleblower protections written into the Surface Transportation Assistance Act. The law says drivers who file OSHA complaints alleging employer violations of safety rules may be entitled to damages. Recently, OSHA ordered damages for drivers who reported being forced to drive while sick or tired.

Is misclassification an unfair labor practice?

04/21/2022
Employers struggling to correctly classify independent contractors already have to worry about complying with Department of Labor and Internal Revenue Service rules. They may soon have to add the National Labor Relations Board to the list of federal agencies looking over their shoulders.

Using AI in hiring? Beware liability for bias

04/21/2022
Employers increasingly rely on artificial intelligence-based software to manage the hiring process. But critics of AI software claim discrimination may be baked into the algorithms.

Document all accommodation conversations

04/14/2022
Here’s the best way to prevent (or win) a lawsuit claiming you failed to follow the ADA’s interactive accommodations rules: Document every conversation, email, text or phone call related to disability accommodations. Create a chronological log showing what the employee requested, when and how you responded.

Don’t suggest retirement in lieu of discipline

04/14/2022
Take care when disciplining older workers. You could be falsely accused of age discrimination if you end up firing the employee. Even a well-intentioned suggestion that the employee may want to retire rather than face termination can be a huge mistake.

Lessons learned from Amazon’s big union loss

04/14/2022
The big labor story of the year is that e-commerce giant Amazon has lost its multimillion-dollar fight to remain union-free. How Amazon lost that election carries lessons for employers eager to avoid a similar fate.

Busy six months for NLRB, handling more petitions, ULP charges

04/12/2022
Between October 2021 and March 2022, the National Labor Relations Board processed 57% more union representation petitions than it did a year earlier.

Trainee or pro? Legal lessons from the minors

04/07/2022
Baseball is back now that the pandemic is largely in the rear view mirror and Major League Baseball owners and the Major League Baseball Players Association have signed a new collective bargaining agreement. But not every baseball-related labor dispute has been resolved. Down in the minor leagues, a players’ lawsuit could upend decades of pay practices.

Beware suits claiming Section 1981 violations

04/07/2022
Employees are limited in the amount of damages for emotional distress or mental anguish they can collect if they sue under Title VII of the Civil Rights Act of 1964. However, clever attorneys have found a way around these caps when bringing race and ethnicity discrimination cases.