NLRB Says “No Recordings” Rule Is Illegal

In the latest round of extreme workplace rulings, the National Labor Relations Board has found yet another reasonable employer work rule to violate the National Labor Relations Act. In this case, Whole Foods Market, Inc., the employer had implemented two “no recording” policies: one that prohibited employees from making audio or video recordings of company meetings without prior... Continue Reading

The post NLRB Says “No Recordings” Rule Is Illegal appeared first on The Labor & Employment Report.

The Rules on the Key Employee Exemption Under the FMLA (Part II)

Last time I talked about how to determine if an employee is a “key employee” under the Family and Medical Leave Act. This time, we’re going to talk about the actual steps you need to take in order to invoke this exemption. There are very specific, mandatory notice requirements that apply. 29 C.F.R. Section 825.219(a) requires... Continue Reading

The post The Rules on the Key Employee Exemption Under the FMLA (Part II) appeared first on The Labor & Employment Report.

The Rules on the Key Employee Exemption Under the FMLA (Part I)

I’m an Family and Medical Leave Act geek – I find the twists and turns and intricacies of this law and its regulations just fascinating. ( I know, that’s really geeky). I was recently advising a client on the key employee exemption under the FMLA, which reminded me of how technical the rules are with... Continue Reading

The post The Rules on the Key Employee Exemption Under the FMLA (Part I) appeared first on The Labor & Employment Report.

Making Up Fake Employees Can Land You in Jail

Most employers are aware that violations of the Fair Labor Standards Act can result in an investigation by the U.S. Department of Labor, leading to back pay damages, as well as possible liquidated damages in an amount equal to back pay, and even civil penalties up to $1000 for each willful or repeated violation. State... Continue Reading

The post Making Up Fake Employees Can Land You in Jail appeared first on The Labor & Employment Report.

Giving Employees What They Want Doesn’t Preclude Discrimination Claim

So I found this case, Smith v. URS Corp., interesting because it involved a black employee who got what he wanted, but was still able to sue for discrimination. The black employee received the job he applied for (training specialist) and more pay than he asked for ($57,668 instead of $46,000). He was given a classification title and job... Continue Reading

The post Giving Employees What They Want Doesn’t Preclude Discrimination Claim appeared first on The Labor & Employment Report.

NLRB Imposes Expansive (and Onerous) Requirements For Preparation of Voter List

As you may know, the National Labor Relations Board substantially revised the rules governing the union elections process, by which employees choose whether or not they wish to be represented by a union. The controversial revisions greatly sped up the process, with the effect that employer had less time to educate their employees about the... Continue Reading

The post NLRB Imposes Expansive (and Onerous) Requirements For Preparation of Voter List appeared first on The Labor & Employment Report.

The Playgirl Model’s Sexual Harassment Claim

So, someone who posed as a nude lumberjack for Playgirl is now upset about the (foreseeable!) consequences of his decision – teasing by his coworkers. And a federal court judge has found that the employee’s sexual harassment claim against his employer, based on his coworkers’ teasing, may have merit. To me, this case, Sawka v. ADP, Inc., is crazy on... Continue Reading

The post The Playgirl Model’s Sexual Harassment Claim appeared first on The Labor & Employment Report.

No Protection for a Breastfeeding Mother?

As you may know, I am a die-hard management lawyer. For example, I recently saw a production of J.B. Priestly’s, “An Inspector Calls.” The titular Inspector forces various members of a wealthy family in Edwardian England to examine their roles in putting a young woman on the path to suicide. In particular, the father had fired the... Continue Reading

The post No Protection for a Breastfeeding Mother? appeared first on The Labor & Employment Report.

Religious Accommodations – A Beastly Concern

So as Halloween approaches, a recent religious accommodations case involving the “mark of the beast” seemed seasonally appropriate. For those of you not so familiar with the Bible, the Book of Revelation tells the story of a satanic beast that comes out of the earth and forces all humans to worship another beast coming from... Continue Reading

The post Religious Accommodations – A Beastly Concern appeared first on The Labor & Employment Report.

There’s a part of me that thoroughly enjoys a smackdown between government agencies. (The other part of me is screaming at the government inefficiency and waste of my tax dollars). Here’s a good one. As most of you know, the U.S. Department of Labor released its proposed revisions to the overtime regulations under the Fair... Continue Reading

The post Don’t Invite the SBA and the DOL to the Same Party! appeared first on The Labor & Employment Report.