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Employment Law

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An employee at Fresenius Manu-facturing in Chester, N.Y., was fired for writing comments on union newsletters and then lying about doing so during a company investigation.
A new online resource from the Seyfarth Shaw law firm offers a state-by-state description of established and new laws designed to protect employees’ privacy rights on social media.
Unions no longer need to collect employees’ handwritten signatures on authorization cards before they file an election petition.

The Fair Labor Standards Act protects employees and former employees against retaliation for complaining about wage-and-hour violations, including filing lawsuits. For example, an employer can’t try to punish a former employee by providing false negative references or otherwise interfering with someone’s job prospects. Basically, retaliation is anything that would dissuade a reasonable person from making the complaint in the first place. Fortunately, simply asking the former employee if he wants to settle a lawsuit isn’t enough, even if the effort is persistent and makes for an uncomfortable confrontation.

A controversial bill to increase California’s minimum wage recently failed to pass in the state Legislature. The bill would have phased in a $3 per hour increase to the minimum wage rate and also would have imposed annual cost of living increases.

Texas law requires public employees who are fired by their employing agency to pursue internal appeals of that decision. Otherwise, they can’t sue in state court over alleged wrongful discharge for whistle-blowing. Government employers should make sure they raise that defense if they don’t have any record of the worker making an internal appeal.

A new rule issued by the Department of Labor Office of Federal Contract Compliance Programs explicitly gives employees of federal contractors and subcontractors the right to discuss how much they are paid.

Under the Sarbanes-Oxley Act of 2002, commonly known as SOX, employees who report alleged accounting irregularities internally and to OSHA are protected from retaliation if their employer punishes the activity. Making simple statements that aren’t very specific can be enough to meet the employee’s reporting requirement under the law. It’s enough that the employee reasonably believes that he is reporting wrongdoing. He doesn’t have to know the details, just that it probably violates the law.

The National Labor Relations Board has ruled that Dresser-Rand Co., located near Corning, N.Y., violated the National Labor Relations Act when it reinstated workers who crossed the picket line before it hired back those who stayed on strike during labor unrest at the plant.
Federal contractors will have to report all violations of employment laws and federal regulations once a new White House executive order takes effect.
Here’s an important lesson to impart to supervisors and managers: Petty fights and anger over perceived injustices that lead to resignations or termination may spur multiyear litigation and cost hundreds of thousands in legal fees, lost time and damage awards.
The High Court has agreed to hear several cases during its 2015-2016 term that will have significant ramifications for employers.
A federal judge has ruled that a group of Uber drivers in California can proceed with their class-action lawsuit against the ride-hailing service. The Sept. 1 decision to certify Uber drivers as a class clears the way for a massive lawsuit that could encompass as many as 160,000 plaintiffs.
President Obama picked Labor Day to announce an executive order requiring federal contractors to provide paid sick leave benefits to their employees, including 300,000 workers who currently have no paid leave.
The U.S. Senate returned from its annual summer recess on Sept. 8 to face a legislative calendar dominated by debate about the nuclear arms treaty with Iran and passing a stopgap spending bill to avoid a government shutdown on Oct. 1. That has pushed a robust employment law agenda onto the back burner.
A federal court in Texas has issued an injunction preventing a former salesperson for a plastics company from soliciting customers on behalf of his new employer. The competitor had hired the employee despite a nondisclosure and nonsolicitation agreement he had signed.
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?
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