Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
For multistate employers, which state's law applies? Is it where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt?
An interesting look at ongoing litigation.
According to a 2009 survey conducted by the Profit Sharing/401k Council of America, over 90% of all plans surveyed offered balance inquiries and investment changes online. So what's the problem?
In MasTec Advanced Technologies, the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act. Consequently, the employer's termination of the employees was deemed unlawful.
On Nov. 14, 2011, the final rule issued by the NLRB, entitled Notification of Employee Rights under the National Labor Relations Act, was scheduled to become effective. Due to resistance and apparent confusion surrounding its new employee rights notice-posting rule, the NLRB pushed back the rule's effective date by more than two months.
While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
The law on recovery of lost wages by undocumented workers injured in accidents at construction sites in New York is gradually evolving. In the landmark decision Balbuena v. IDR Realty LLC, New York's Court of Appeal held that such wage claims are generally permissible. However, there were issues raised that are now being addressed in more detail by the courts.
On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.
It is a long-standing Federal law that employers are not permitted to restrict employees' rights to unionize, bargain collectively and, generally, discuss the terms and conditions of their employment. These rights apply to social media and the Internet in general. So how does an employer craft a policy to navigate through these laws yet accomplish their company goals?
