Tag Archives: employment law

Employees Wanted – Work at your Own Risk

Bloomberg Business Week recently featured a story about the South’s manufacturing renaissance. The article, by Peter Waldman, is titled Inside Alabama’s Auto Jobs Boom: Cheap Wages, Little Training, Crushed Limbs. The workplace injuries and deaths described are simply horrific. Here are a few examples: A female employee at auto parts supplier Ajin USA was impaled … Continue Reading

NLRB Agenda Continues to Focus on Non-Union Employee Rights

A recent decision of the National Labor Relations Board provides employers with a reason to carefully evaluate disciplining employees who make negative comments about their company’s products. Specifically, on 3/25/2016, the Eight Circuit Court of Appeals confirmed an NLRB decision that a Jimmy John’s franchisee violated the employee rights of six employees when it fired them. The illegal terminations arose … Continue Reading

EEOC Issues Fact Sheet to Help Small Businesses Comply with Federal Employment Laws

To help small businesses comply with their employment law obligations, the Small Business Task Force, established by the U.S. Equal Employment Opportunity Commission (EEOC), recently issued a new simplified, one-page fact sheet. The fact sheet is focused on assisting small business owners to understand their responsibilities under federal anti-discrimination employment laws. The EEOC’s fact sheet, “Preventing … Continue Reading

Would Yelp Get a Favorable Review from the NLRB for Blog Post Termination?

Last week a former employee working for Yelp’s food delivery unit, Eat 24, was fired for violating the company’s internal “terms of conduct.” The termination came after the customer-service rep, Talia Janes, wrote a critical blog post about her low pay and working conditions in an open letter to Yelp’s CEO. The interesting issue for legal geeks … Continue Reading

Flag on the Play: Court Takes Away Employer’s Victory Because of Mistake in the Employee Manual

This past week saw the Seattle Seahawks skillfully avoid winning back-to-back Super Bowls because of (arguably) bad decision-making (all the Seahawks had to do was move the ball 36 inches into the end-zone – the only other decision worse than passing in that situation was having Katy Perry perform at half-time, but I digress). An … Continue Reading

To Be or Not to Be … An Employee – Second Circuit Expected to Answer Question of When an Intern is an Employee

Is an intern an employee? This question is expected to be answered in the coming weeks – at least for employers in the Second Circuit. Specifically, the Federal Court of Appeals for the Second Circuit Court is expected to answer this question after it reviews two earlier conflicting opinions in two separate cases filed that were … Continue Reading

NLRB Allows Employees to Use Employers’ Email System to Engage in Protected, Concerted Activity

Companies will need to revise their employee email policies following a ruling from the National Labor Relations Board (NLRB) (Purple Communications on December 11, 2014). Specifically, in a 3-2 decision (three Democrats, two Republicans) held that Section 7 of the National Labor Relations Act allows, … employee use of e-mail for statutorily protected communications on … Continue Reading

Documenting Employee Performance Issues and Teeth Cleaning – Not Fun, But Necessary

For many employers, investigating and documenting poor employee performance issues is about as fun as going to the dentist. But a recent Michigan Court of Appeals decision illustrates the importance of both because it often becomes a critical defense against claims that the employee was disciplined or terminated for unlawful or discriminatory reasons. Worker’s Compensation … Continue Reading

Corporations can Hold Religious Objections in order to Opt Out of covering Contraceptives for Women.

In a 5-4 decision, the U.S. Supreme Court decided this morning that corporations can hold religious objections that permit them to opt out of the new health law requirement that they cover contraceptives for women. Incredibly, this decision is the first time that the U.S. Supreme Court has ruled that profit-seeking businesses can hold religious … Continue Reading
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