Employment Law

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A federal court has dismissed a former employee’s claim under the Electronics Communication Privacy Act alleging that his employer illegally destroyed valuable information when it remotely wiped clean his iPhone after he resigned. That’s good news for IT departments that must protect company information that might be stored on former employees’ smartphones.
The National Labor Relations Board has issued three far-reaching decisions that change long-standing practices under the National Labor Relations Act. All reflect a disquieting connection between modern communications and old-fashioned labor relations.
A public school teacher who files an internal appeal over her pay or classification has three years after the final decision to file a lawsuit.

It can be frustrating to have to defend your organization against what you consider frivolous claims. Unfortunately, that’s just another cost of doing business. As the following case shows, even when you win the case and thought it should never have been filed, you probably won’t persuade a court to penalize the employee by having him pay your legal fees.

The EEOC has lost its bid for a preliminary injunction that would have prevented a major employer from withholding funds from the Health Savings Accounts of employees who refused to participate in a wellness program.
Here’s a warning for employers thinking about turning employees into independent contractors to avoid paying benefits and payroll taxes: If some of the employees challenge the decision, you may be in for years of expensive, time-consuming litigation. That can easily turn a penny-pinching strategy into a money pit.
The House of Representatives opened the 114th Congress on Jan. 8 by voting 252-172 to repeal the Affordable Care Act’s 30-hour definition of full-time employment and replace it with a 40-hour standard.

HR Law 101: The National Labor Relations Board (NLRB) applies strict rules of conduct to employers during union-organizing campaigns. But whether you choose to accept the union or resist it, you can still exercise your rights effectively. Or, if a union has already won a representation election in your organization, you need to know how to prevent the union from encroaching on your management rights ... 

In a series of decisions in the past two months, California appellate courts have tried to clarify the ins and outs of arbitration, giving em­­ployers possible guidance on whether to institute, revise or eliminate arbitration agreements as part of their employment practices.
The federal trial court with jurisdiction over Minnesota employers has refused an employer’s request to streamline the FLSA collective-action process.
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