Employment Law

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If you don’t act to prevent off-the-clock work, you could wind up having to defend against multiple lawsuits. That’s because, even if a nationwide class action suit isn’t certified, employees who weren’t involved in an initial lawsuit can sue on their own.
The National Labor Relations Board has ruled against Love Culture, purveyor of teen clothing, after it fired an employee from its St. Louis Park, Minn. store for discussing pay.
For jobs based on written employment contracts, what the agreement says typically governs all the terms and conditions of employment. If something is unclear or unstated, what the parties do later likely will influence eventual judicial interpretation.
A narrow procedural decision by the National Labor Relations Board may be one more sign of a coming change in the definition of “joint employer” and its effect on employers and their business partners.
The U.S. Department of Labor has issued a new set of guidelines that clarify when employers can classify workers as independent contractors.
Contractors performing work for governmental agencies are protected by the First Amendment right to free speech as if they were public employees.
Here’s good news for employers facing litigants acting as their own attorneys. The Court of Appeal of California has concluded that low-income ex-employees are not entitled to free counsel under the Shriver Act, which calls for legal counsel to “represent low-income parties in civil matters involving critical issues affecting basic human needs.”
New York’s Wage Board has endorsed a recommendation to raise the minimum wage for fast-food workers to $15 per hour. The new hourly rate will apply to employees of chains with at least 30 locations in New York.
In two recent cases decided in July, the 2nd Circuit Court of Appeals has held that in many instances, unpaid interns may not necessarily be employees covered by the Fair Labor Standards Act and the New York Labor Law.
A federal court in Minnesota has invoked Texas law to rewrite a noncompete agreement that it decided was too broad.
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