The Value and Risks of Severance and Release Agreements
In appropriate circumstances, a severance agreement containing release-of-claims provisions may be the most desirable way to end an employment relationship with an employee. Full Story
Employment & Labor
When Employee Taunts Employer Via Facebook to "FIRE ME. …Make My Day. . ." NLRB Memo Concludes the Employer Can Go for It
The National Labor Relations Board Office of the General Counsel released an Advice Memorandum in Tasker Healthcare Group, d/b/a Skinsmart Dermatology (“Tasker”) Case 04-CA-094222 on May 16, 2013 and concluded that an employee was not engaged in protected concerted activity when she posted comments to a Facebook group message that taunted her employer to “FIRE ME … Make my day …” Full Story
“DSM-5 Anxiety” May Be New Disorder for Employers Trying to Navigate ADA
Last Friday, the American Psychiatric Association (APA) published the fifth edition of what is considered the “bible” for diagnosing mental disorders, the Diagnostic and Statistical Manual of Mental Disorders, or “DSM-5.” Full Story
Temporary Foreign Miners Allowed
Our Federal Court has dismissed a court challenge by two unions against HD Mining. The unions claimed that the company hired more than 200 temporary Chinese workers for its coal mine in Tumbler Ridge in northeastern BC, while deliberately ignoring or passing over many qualified and willing Canadian applicants. Full Story
New Jersey Law Scrutinizes Independent Contractors in Trucking Industry
I have posted numerous times on the crackdown by numerous States of alleged misclassification of individuals as independent contractors. Full Story
Third Circuit Deems NLRB "Recess Appointments" Unconstitutional
On May 16, 2013, in NLRB v. New Vista Nursing & Rehab., a divided panel of the Court of Appeals for the Third Circuit joined the D.C. Circuit in holding that the Recess Appointment Clause of the Constitution allows the President to make “recess appointments” (that is, without the advice and consent of the Senate) only when the Senate is on a formal intersession recess, as opposed to an intra-session break. Full Story
With No Guaranteed Minimum, Employee That Received Unvarying Base Pay Was Not Exempt Under California Law
There has been a lack of clarity in California wage and hour law on how compensation must be structured to meet the “salary basis test,” particularly where an exempt employee is paid based on hours worked. Full Story
U.S. Department of Labor Issues Model Notices of Health Insurance Options
By October 1, 2013, most employers will be required to provide their current employees and new hires with notices of health insurance options. Full Story
UK Unpaid Internships: New Guidance from BIS
The Department for Business, Innovation & Skills (BIS) has released new guidance as part of a “more aggressive” stance to tackle employers using unpaid interns to avoid the requirement to pay the national minimum wage Full Story
