“Volunteering” your employees for social media tasks: Compensable?
Posted on 11-12-2015 by amanda-alge-bales

When I say the word volunteer , what comes to mind? How do you define volunteer? According to Merriam-Webster they define it as the following: “a person who does work without getting paid to do it.” However, as LexisNexis® Legal Newsroom , eludes to- volunteers (in some cases) might... Read More

Social networks & workplace investigations: Don't miss the smoking gun
Posted on 11-10-2015 by Doug Esten

In this day and age if there is ever a workplace investigation, one of the first places that should be check are social networks. According to LexisNexis® Legal Newsroom , social media played a big part in a recent workplace discrimination lawsuit. The lawsuit was filed by Brandon Waters, a former... Read More

Disability and Pregnancy Leave Policies & Pay Equality: Problematic areas for employers | Lexis ® Practice Advisor #WomensEqualityDay
Posted on 08-27-2015 by Jae Lee

Handling leave requests is one of the more problematic areas faced by employers because of overlapping federal and state laws related to family and medical leave, leaves for pregnancy-related disabilities and military leave. Pregnancy and the potential medical complications which may arise are addressed... Read More

Keep An Eye On The Clock: Exempt Employees & Timekeeping
Posted on 08-11-2015 by Christina Alge

Five ‘O Clock is widely seen as the finish line to the typical 9-5. 40- hour week job. This determine our pay check which determines our lifestyle. In order to get paid many of us have to keep track of the hours we worked. But what about those who qualify the federal Fair Labor Standards Act... Read More

Your Twitter disclaimer ("Views Are My Own"): Flimsy defense against firing
Posted on 06-22-2015 by Tracie Morris

We all have our own opinions and sometimes we are bold enough to publish those online. It is ok to have them, but It may not always be safe to post them. In fact, according to Forbes , just because you have a “Views are my own” disclaimer, it does not give you immunity from being fired by... Read More

The Madness of March: How John Oliver is using March Madness to highlight NLRB Reforms
Posted on 03-16-2015 by amanda-alge-bales

America’s most sacred, annual tradition is upon us… March Madness. (This according to John Oliver, host of the HBO series Last Week Tonight With John Oliver.) In his 20-minute video that is all over the web, John Oliver scrutinizes the NCAA and the “Madness” of not paying student... Read More

Labor & Employment Legislation, Regulation To Watch In 2015
Posted on 02-18-2015 by Vanessa Lloyd

The article below has been republished in full courtesy of Law360, written by Ben James. The U.S. Department of Labor 's ongoing push to narrow overtime exemptions under the Fair Labor Standards Act tops the list of regulations and legislation employment attorneys say they'll be watching in... Read More

Love Is in the Office Air: Regulating your office romance policy
Posted on 02-12-2015 by Doug Esten

With Valentine’s Day right around the corner, employers may consider what to do if cupid’s arrow happens to strike two employees. Relationships are not stagnant. And while a relationship that may initially be harmonious or consensual (at least in one party’s opinion), it may not always... Read More

Trends in workplace bias law keep employers on their toes
Posted on 02-11-2015 by Doug Esten

This past year push race issues to boiling point after controversial events took place in Ferguson, MO. In an article by Lexis Nexis ® Corporate Counsel Advisory, here are some different types of bias companies should be tracking this year. Implicit Bias According to Peter Murphy of Shipman &... Read More

Thinking of working for Santa? Think again! An employee handbook from the North Pole.
Posted on 12-16-2014 by amanda-alge-bales

All is not candy and carols at the North Pole while the Big Guy (Santa) is not one who negotiates labor practices. This according to The North Pole Employee Handbook: A Guide to Policies, Rules, Regulations and Daily Operations for the Worker at North Pole Industries . For a complete summary, check... Read More

Human Trafficking: Corporate America’s responsibility towards victims and shareholders
Posted on 09-25-2014 by Vanessa Lloyd

Forced labor is rampant around the globe. It poses serious, sometimes unfathomable threats to the victims and their families. It also happens to be very bad for business. In fact, high-profile labor trafficking carries the same risks to operations as do natural disasters, extreme weather or cybercrime... Read More

How to Fire an Employee
Posted on 09-18-2014 by Doug Esten

Yes, this is a crummy subject, for both sides of the issue. I have yet to meet an employer or HR person who looks forward to that awkward meeting, where they need to pull the plug. Even amicable separations are full of potential anxiety about how to treat each other fairly, while advocating for oneself... Read More

May an employer fire an employee for moonlighting while on Family and Medical Leave Act (FMLA) leave? What do you think?
Posted on 09-09-2014 by Doug Esten

It depends on whether the employee engaged in FMLA fraud or a violation of the employer's policy. An employee who is on approved leave under the FMLA and accepts another employment opportunity or works another job (moonlights) is not automatically considered to have committed FMLA fraud. FMLA fraud... Read More

Labor & employment attorneys - Prepare your clients for the looming implementation of ACA mandates [whitepaper]
Posted on 08-27-2014 by pamtip

The looming implementation of another round of employer mandates under the Affordable Care Act (ACA) has business leaders scrambling for help from legal counsel and other advisors. This flurry of activity is prudent; compliance with ACA is a matter of federal law and many penalties for failure to comply... Read More

More states looking to offer "safe harbor" to underage trafficking victims
Posted on 07-02-2014 by rheamalhotra

Dealing with human trafficking has always been tricky business for lawmakers. States have in recent years been bringing down a variety of hammers, most aimed at the traffickers or the johns who solicit their often-underage victims. But how to best deal with the young girls and boys the traffickers exploit... Read More

Human Trafficking & Forced Labor: Find Out What Your Colleagues Are Saying About This Topic
Posted on 06-19-2014 by amanda-alge-bales

Thanks for the lively discussion around the issue. While Rich Ehisen, Bridgette Carr and Kelly Heinrich will no longer be moderating this discussion, please continue to share your thoughts and ideas with the rest of the community. To join in the discussion, register to LexTalk and prepare your comments... Read More

Human Trafficking & Forced Labor: Annual Profits of Forced Labor per Region
Posted on 06-17-2014 by Vanessa Lloyd

A recent report issued by the International Labour Organization finds illegal gain from forced labor of about 21 million people amounts to three times more than prior estimates. Significantly, the new estimate indicates that more than half of the people in forced labor are women and girls, primarily... Read More

California court strikes down teacher tenure rules in major ruling Christian Science Monitor
Posted on 06-11-2014 by Hans Thielman

In a potentially landmark case, a California superior court judge has declared unconstitutional that state's teacher tenure law, finding that it imposes a disproportionate burden on poor and minority students. http://www.csmonitor.com/USA/Justice/2014/0610/California-court-strikes-down-teacher... Read More

Trafficked Teachers: The Latest Forced Labor Source
Posted on 06-09-2014 by Vanessa Lloyd

If you think forced labor in the U.S. is primarily based in agricultural and domestic industries, then think again. According to an article published at In These Times , between 2007 and 2009, 350 Filipino teachers arrived in Louisiana, excited for the opportunity to teach math and science in public... Read More

Paralegals – Highly Trained Specialists?
Posted on 05-15-2014 by HBarnhorn

Paralegals are non-exempt under FLSA but surveys show that MOST are required to work more than 40 hours per week. While paralegals once performed mostly clerical tasks including filing, pulling cases off shelves and photocopying, today, paralegals often engage in tasks involving more sophisticated legal... Read More

What is the leading segment of workplace litigation?
Posted on 05-12-2014 by Vanessa Lloyd

Wage and hour litigation based on alleged violations of the Fair Labor Standards Act (FLSA) and state labor laws continues to grow exponentially. In fact, wage and hour claims are the leading segment of workplace litigation, jumping 423% over the last two decades and quadrupling during the last 10 years... Read More

Noncompete Agreements in Tennessee
Posted on 02-25-2014 by Hans Thielman

http://hr.blr.com/HR-news/Staffing-Training/Employment-Contracts/Tennessee-Court-of-Appeals-enforces-noncompete-agr # Read More

In Non-Compete Agreements, a 'Truly Obnoxious' Choice-of-Law Provision May Be Unenforceable
Posted on 02-13-2014 by Hans Thielman

In Non-Compete Agreements, a 'Truly Obnoxious' Choice-of-Law Provision May Be Unenforceable I wrote recently about the importance of inserting choice-of-law provisions in non-compete agreements. But as a recent decision by a New York appellate court makes clear, a court may refuse to apply... Read More

Independent Contractor Misclassification
Posted on 11-20-2013 by Hans Thielman

Forbes recently reported that employers in New York and other states are seeing increased scrutiny from the Department of Labor and their respective states regarding the classification of employees. The Department of Labor claims to have collected over $18M in back wages during the past two years. ... Read More