Posts in ERISA.

We now have a split in the circuits.

Yikes. I hope I haven't missed anybody. Wild week!

We hope that the immigrant strikes are about over by now, but they may continue into today, and a women's strike is reportedly set for March 8. Do Hot Dog Man.flickrCC.JeleneMorrisemployers have any recourse when their employees go out on strike? It depends. If the strike is "protected concerted activity" (and it may be), then employers will need to tread carefully and ...

(St. Patrick's Day is sooooo nine hours ago!)

Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law Apr.Fool.ELBC.Foolblog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

All right, kiddies. My posts over the last few weeks have been juicy and entertaining. (Or as juicy and entertaining as employment law can get.) But summer is over, and it's time to buckle down.

Girl texting at school - fall.jpg

"I h8 school!"

The Supreme Court of the United States (aka "SCOTUS") began its new term this past Monday, and it will be reviewing at least four employment cases, as well as two non-employment cases ...

Smoker.jpgDo you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.

Employers and their insurance companies love wellness programs. They result in reduced premiums as well as (presumably) fewer big-money claims because they encourage employees to take better care of themselves.

Many employers offer ...

It's legal for me, an adult, to live on a diet of candy bars and milkshakes, but probably not  prudent. (Sounds kinda tasty, though.)

Similarly, in the employment world, what we can get away with is not necessarily what we ought to do.

Jewell Lim Esposito, at our sister blog, Employee Benefits Unplugged, reports the Supreme Court's refusal to review a decision from the U.S. Court of Appeals ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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