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David S. Rich
What Payroll Records Must My Business In New York Keep?

New York State, like the federal government, does not require any particular order or form for the records that an employer must maintain concerning employees' wages and hours . Cf. 29 C.F.R. § 516.1(a) ("No particular order or form of...

Jon Hyman
The Best Time to Settle a Case

I've long believed that the best time to settle a case is while summary judgment is pending. It's when both sides have the most risk. The employer has the risk of a jury trial if the court denies the motion, and the employee has the risk of...

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Eric Meyer
Baseball Has a New Social Media Policy. And It May Be Unlawful.

The National Labor Relations Board stresses that employees must be able to discuss their jobs freely. The National Labor Relations Board , which helps administer the provisions of the National Labor Relations Act , believes that social-media policies...

David S. Rich
May My Company In New York Subject Its Employees To Random Drug Testing and Lawfully Fire Workers Who Test Positive For Illegal Drugs?

Random testing means choosing workers for tests at random, without suspicion, and without advance notice of when the test will take place. Random testing may also encompass the testing of all employees in a company (or a given division of a company...

Eric Meyer
Arbitration Agreement Tips for PA Employers from the 3rd Circuit

Early in my legal career, a colleague taught me the expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But push too hard, and you may lose it all. So me PA companies require their new hires to sign an agreement requiring...

Jon Hyman
How to Avoid Your Organization’s Muppet Manifesto

Beware the ides of March. - Julius Caesar , Act I, scene i. 2,056 years ago, Julius Caesar was assassinated. To mark that occasion two years ago, I wrote that employers should be wary of the types of problem employees within their organizations...