The prevalence of social media in today’s workplace is undisputed. With the lack of discretion often displayed on social media sites such as Facebook, it is no wonder employers seek to control inappropriate employee communications and the unauthorized dissemination of confidential employer information through policies restricting employee social networking activities.…
Internal investigations by employers into allegations of unlawful harassment, theft or other workplace misconduct are commonplace in today’s work environment. In an effort to protect the complainant, the accused and the witnesses – not to mention the fundamental integrity of the investigation – employers typically warn those participating in the…
Employment Law Newsletter For the first time in three years, proposed legislation being championed by Senate and Assembly Democrats would raise the minimum wage from $7.25 to $8.50. The bill was introduced despite the December recommendation from the Minimum Wage Advisory Commission that the rate remain unchanged for 2012. Should…
Employment Law Newsletter Although many domestic workers are covered by the Fair Labor Standard Act’s (FLSA) minimum wage and overtime requirements, there presently exists an exemption from these requirements for home health care workers providing “companionship services for individuals who are unable to care for themselves.” In 2007, the United…
Employment Law Newsletter The U.S. Department of Labor (DOL) recently issued two Fact Sheets to provide general information about employee rights under the Fair Labor Standards Act and the Family Medical Leave Act. Fact Sheet #73: Break time for Nursing Mothers under the FLSA: This Fact Sheet provides information about…
Employment Law Newsletter In an earlier issue we advised that the National Labor Relations Board (NLRB) had issued a final rule requiring most private-sector employers to conspicuously post a notice of employee rights to unionization in the workplace. The posting requirement was to take effect on November 14, 2011, but in…
Employment Law Newsletter The NLRA posting requirement discussed above is only one of several recent actions taken by the NLRB that serve as a sober reminder that even in non-unionized workplaces, private sector employees have statutory rights under Section 7 of the NLRA to engage in concerted activity for, among…
Employment Law Newsletter For decades federal contractors have been dealing with the Office of Federal Contract Compliance Programs’ (OFCCP) requirements designed to promote workplace equality for women and minorities in the workplace. Recently, the OFCCP announced proposed regulations under Section 503 of the Rehabilitation Act of 1973 that would extend,…
Employment Law Newsletter Periodically, we remind employers that they cannot effectively defend sexual harassment claims if they fail to implement and enforce a sexual harassment program that includes well-publicized policies prohibiting unlawful harassment, periodic training of supervisory personnel in the sexual harassment policy, and clear monitoring and investigative procedures reasonably…
Employment Law Newsletter By now most employers know that the wage payment mandates of the FLSA may require an employer to compensate employees for unauthorized work time when the employer “suffers or permits” the employee to work and receives the benefit of the employee’s services. However, a federal appeals court…