Posts tagged WARN.

Employers, has this ever happened to you?

A guy (we'll call him "Ryan") comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan's "HR" representative. Your company pays the agency but does not directly pay Ryan.

But when Ryan comes to work, he is supervised by Michael, who is one of your employees. Michael takes Ryan under his ...

Hot dawg! Constangy, Brooks, Smith & Prophete has been named by Vault.com as the best law firm in the country for women lawyers and the best law firm in the country for minority lawyers. Heather Owen has the whole wonderful story at FOCUS, our women's leadership blog. This latest honor comes on the heels of our having been named by the National Law Hot Dog Man.flickrCC.JeleneMorrisJournal as fourth best law firm for ...

Me and my nerdy mind.

Gretchen Carlson.flickrCC.Disney-ABCNews
"Uh-oh."

It's too soon for me to have an opinion about who's right and who's wrong in the Gretchen Carlson-Roger Ailes sexual harassment case. Some very disturbing allegations have been made about Mr. Ailes' (long before Fox) having a "casting couch" for prospective female talent. If that's true, then it's disgusting.

On the other hand, a number of current ...

If you want your arbitration agreement to be enforceable, don't give it to your employee to sign while she is drunk and practically naked. At least, not in California.

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! 

Robin Shea has 30 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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