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Q. We plan to start having supervisors listen in on trainees’ phone conversations with customers. Do we have to inform the caller that we’re listening? We think the “this call may be recorded” message makes the call less authentic?
The National Labor Relations Board’s Aug. 27 decision in Browning-Ferris, which redefined the concept of “joint employer,” sparked lots of buzz in the legal and business worlds. Here's a sampling.
The National Labor Relations Board on Aug. 27 scrapped decades of precedent with a decision that greatly expanded the definition of a “joint employer” to include entities that exert even indirect control over another organization’s employees.
The intermingling of personal and business computing is creating traps for employers. What are you allowed to see, alter, delete ... and take?
It’s official—professional cheerleaders are now recognized as employees under California law. In July, California Gov. Jerry Brown signed a bill requiring California professional sports teams to pay their cheerleaders at least the minimum wage.
A manager who has to fill in for subordinates when they are absent or because a position is vacant doesn’t necessarily lose exempt status.
Q. I keep hearing about the new Texas open-carry law. Does this law apply to all offices? What steps should I take if the new legislation has a negative impact on my business?
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.
Public employees have the right to free speech, and they’re free to support any political candidate they want—even when they oppose their bosses who are running for office.
Here’s a bit of positive news on the litigation front: An employee who is in the very first stages of litigation can’t demand the court force his employer to provide a list of names and addresses for all its employees. Instead, the employee has to first provide some proof of his own, individual claim before he can invade other workers’ privacy.
Public employees have the right to free speech and can’t be punished for exercising it. But that doesn’t mean they can say anything, anywhere. The exercise of free speech must concern a matter of public importance and not be done as part of the employee’s job.