Employment Law

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By now, we all know the devastating effect leaked emails can have on the political process. An email that comes out in litigation can be just as devastating to an employer.
The National Labor Relations Board, which enforces the National Labor Relations Act, has issued an order telling a Minnesota employer to hold a “talk” with employees about their rights to unionize.
A group of fiscally conservative House Democrats is pushing legislation to phase in the U.S. Department of Labor’s change to the overtime salary threshold.
This month we update New York state employers on two developments that could catch them by surprise.
Q. We give employees the choice of using two 10-minute breaks each day or combining them into one 20-minute lunch break. The employees are required to punch out and in for these breaks. Now, we have a policy that docks employees 15 minutes’ pay if they’re four or more minutes late returning from a break. Is this legal?
Public employees who speak out about matters of public importance are protected from retaliation. But retaliation doesn’t include an employer’s complaint about the employee to a licensing board.
A Wisconsin software company on Sept. 6 asked the U.S. Supreme Court to decide whether class-action waivers in employment agreements are legal.
It seems increasingly likely that the U.S. Supreme Court will agree to decide one of the hottest topics in employment law: Whether class-action waivers in employment agreements are legal.
The 5th Circuit Court of Appeals has handed arbitrators the power to decide if arbitration agreements are valid. The appeals court ruled that it was legitimate to ask whether an arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act claim, but that it was a question best answered not by a judge, but by an arbitrator.
Just because co-workers can be rude doesn’t mean the target of mean comments has a hostile work environment claim — especially when the comments are ambiguous, subject to interpretation and didn’t occur repeatedly.
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