The Light at the End of the NLRB’s Tunnel? As my colleagues know, I have been unbelievably frustrated over the past eight years about the National Labor Relations Board’s (overly) aggressive pro-union approach. As I have previously complained, during this period, the NLRB has taken unreasonable and illogical positions on issues that for many years had been considered settled and balanced between the interests of employees and employers. View Full Post
Employee Warning – GlassDoor Posts May Not Always Be Anonymous My clients are often frustrated by the anonymous (and, frankly, sometimes untruthful) postings on GlassDoor, which is a website where employers and employees can post information about their companies. Employees are emboldened by the anonymity to vent their feelings about their employer – and may even sometimes take advantage of it by making false or defamatory statements intended to put the employer in a bad light (even though they are not supposed to do so under GlassDoor’s Terms of Use – you know, that overwhelmingly long and technical document that no one ever reads). View Full Post
Lessons from Shake Shack: A Higher Minimum Wage = Loss of Jobs This week, Shake Shack excitedly announced that it was implementing kiosk-only service at its newest NYC location, with an ostensible focus on digital innovation and improved customer experience. This means that, rather than interacting with a live cashier to place and pay for an order, the customer will use the kiosk to place an electronic order and use a credit card to pay for it. View Full Post
DOL Overtime Rule Struck Down A Texas federal court has struck down the Obama-era Department of Labor (DOL) revised overtime exemption rule, which sought to more than double the salary level required for overtime-exempt workers. In order to be exempt from overtime, a white-collar employee must meet three tests: (1) the salary basis test – the employee must be paid on a salary basis, not subject to reductions for fluctuations in quantity or quality of work; (2) the salary level test – the employee’s salary must currently be at least $455 per week (equaling $23,660 per year); and (3) a duties test – the employee must perform certain duties specific to the executive, administrative or professional exemption in question. View Full Post