Nineteen million Twitter users can complain about their jobs instantly by "Tweeting." A reported 33% of Americans online are on Facebook, where they can upload embarrassing or questionable digital photos. This exponential growth has significant consequences for the workplace.
Over the past several months, behind-the-scenes "legislative wrangling" has led to several proposed modifications to the poorly titled Employee Free Choice Act ("EFCA"), a bill currently pending in both the House and Senate. Here's what to do.
Countless employers have promulgated arbitration agreements to take advantage of the perceived benefits of arbitrating employment-related claims, including the absence of a jury, the efficiency of resolving claims in an arbitral forum and the reduced or eliminated publicity resulting from employment claims.
On Oct. 7, 2009, the Department of Homeland Security ("DHS") published a final rule rescinding its safe-harbor procedures for employers that receive "no-match" letters from the Social Security Administration ("SSA") or similar letters from the DHS. Safe-Harbor Procedures for Employers Who Receive No-Match Letter.
The United States Department of Justice (DOJ) recently increased enforcement efforts against employers believed to have discriminated against armed forces members returning from active duty and seeking to reenter the civilian workforce. Here's what you need to know.
This article discusses both the general rule that bonus payments must be included in the "regular rate" calculation for overtime purposes, and the three most common exceptions to this general rule. It also tests your knowledge of these rules.
Continuation of an analysis of Kasten v. Saint-Gobain Performance Plastics Corp., wherein the Seventh Circuit held that an employee's strictly oral complaints about allegedly improper wage practices did not implicate the FLSA's prohibition of retaliation against those who have "filed any complaint."
The Third Circuit recently delivered a significant clarification on economic damages in employment matters. In Eshelman v. Agere Systems Inc., the court held that plaintiffs in employment-discrimination suits may recover for the negative tax consequences of receiving a lump-sum award for back pay.
There is considerable information available in cyberspace ' much of it interesting, some of it damning, and some of it false. Obtaining that information feels risk free and virtually untraceable. However, the universe of employment laws applies to much of what happens when virtual sleuthing yields tangible job consequences.
This article describes the type of activity Section 1553 protects and the competing burdens parties must bear in pursuing and defending retaliation claims under this statute. It also provides a framework for assessing the risks Section 1553 poses to employers, identifies questions Section 1553 leaves unanswered, and presents the question of whether a few of Section 1553's provisions pass constitutional muster.
