by Tamara Russell
Just when most employers thought it was safe to enforce
their social media policies, a recent report from the National Labor Relations
Board ("NLRB") demonstrates that this area of the law is far from settled. The
ZDNet's Friending Facebook blog reports on a survey [pdf] conducted by marketing agency Russell Herder , which concluded that
21% of employees are Facebook friends with the boss. I've written before about some of the risks, and some of
Jon Hyman , among others, has already written an eloquent critique of the
latest report from the Office of the General Counsel of the National Labor
Relations Board on social media and protected concerted activity, and Dan
All individuals performing work for an employer should be
classified as employees or independent contractors. Employees are then further
classified under the Fair Labor Standards Act as "exempt" or
"non-exempt" for purposes of overtime...
Right before the Thanksgiving holiday, the USCIS
announced that the 85,000 H-1B visas cap for 2012 had been reached. This means
that American employers will not be able to hire foreign nationals in 2012 unless
applications for their work visas have...
We are not a tolerant society. We like to think that we
are, but in reality, not so much. Instead, we are a polarized society. More and
more, we live on the fringes with little tolerance for those whose viewpoints
differ from our own. For example,...
The EEOC issued an informal discussion letter discussing whether the
requirement that an individual graduate high school is a permissible job
selection criterion under the Americans with Disabilities Act.
The EEOC addressed this
because, when employers...
More and more in this increasingly competitive retail
world, companies are requiring their employees to work long shifts, overnight
shift, and holidays. This year, some retailers like Macy's, Toys 'R Us,
Wal-Mart and Target are getting a jump...
That was the question that the Seventh Circuit Court of
Appeals faced in an opinion released yesterday.
If you don't know, then you don't pay.
Labor Standards Act (FLSA), among other things, establishes minimum wage
author of the Employment and the Law Blog, talks about winning the
LexisNexis Labor & Employment Community Top Blog Award for 2011
Visit the Employment and the Law blog, hosted by Ashley Kasarjian
The lawfulness of employer's social-media policies under
the National Labor Relations Act (NLRA) continues to be a hot topic. Although
the position of the National Labor Relations Board (NLRB) continues to be
hostile towards these policies. And...
Hoping to boost their investment returns and shrink
looming deficits, public pension systems across the nation have been turning to
riskier investments, such as private equity and hedge funds. But their returns
haven't been rising nearly as much...
WASHINGTON, D.C. - (Mealey's) A private attorney who is
temporarily retained by the government to carry out the government's work may
seek qualified immunity from a lawsuit under 42 U.S. Code Section 1983, a
unanimous U.S. Supreme Court ruled...
Woody Allen once said, "80 percent of
success is showing up." So true, so true!
The U.S. Court of Appeals for the Ninth Circuit* came out
recently with a
great decision on when "showing up" -- also known as
On Monday, I reported that a South Carolina federal court had
invalidated the NLRB's attempt to force employers to post a statement of
employees' rights under the National Labor Relations Act. I cautioned that
until you heard otherwise, employers...
According to MSNBC , an employee has sued the Library of Congress for
firing him after his manager discovered that he had "liked" the "Two Dads" page
on Facebook. The employee, Peter TerVeer, claims that after his manager
Last week, Jon Hyman at the Ohio Employer Law Blog was on point with
this good post discussing a recent National Labor Relations Board Administrative Law Judge
decision. The case involved what the NLRB General Counsel believed
was an overly-broad social...
The Americans with
Disabilities Act explicitly forbids discrimination against those who are
actually disabled or "regarded as" disabled. As a
NJ court once recognized , "Distinguishing between actual handicaps and
Can a Facebook friendship between an employee and her
supervisor lead to a claim of disability discrimination under the Americans
With Disabilities Act (ADA)? Have a look at the facts in a recent case from a
federal court in Seattle, Washington and...
Anytime any piece of the NLRB takes action with regard to
an employer's social media policy, it's newsworthy (even if you're getting
tired of reading about it). Such is the case with G4S Secure
Solutions (USA) Inc. (3/29/12) [pdf] , decided...
Now in autotune .
(Betcha didn't expect that).
Yesterday, we were rapping (without the benefit of
autotune) about immigration status and unlawful discrimination and
concluded that Title VII of the Civil Rights Act of 1964 does not prohibit...
the good news: According to a recent survey conducted by FileTrek , 79% of Americans
believe that removing confidential files from the office is grounds for
termination. Here's the bad news: 90% think that employees do it anyway. What...
Most employers can fire you for any reason or no reason
at all. As I say in my upcoming book, that means they can fire you because they
didn't like your shoes that day. Or, as it turns out, the
color of your shirt .
The law definitely needs...
Reuters is reporting that a union representing employees at
a New York grocery chain has asked the NLRB to investigate whether the store's
social media policy is violates employees' rights to engage in protected
concerted activity under the...