Posts tagged Webinar.

As an employer, what can you do to protect yourself when one employee claims severe sexual harassment and the other party denies it or claims it was all consensual?

The Marchuk v. Faruqi & Faruqi trial (daily updates here) is far from over, but that case, as well as one involving CRST Van Expedited in California, provide some valuable opportunities for us to learn from other employers' mistakes.

Mistakes Demotivational Poster.flickr.DuncanHullCC
(Click to enlarge) Don't be a cautionary tale for others!

THE CASES IN A NUTSHELL

First, a quick recap of what each of these cases is about:

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! 

NOTE: On January 15, this post was updated and one correction made (see "Nipped in the bud" and "Jury clobbers Catholic diocese," below). 

Happy New Year, everyone! While I've been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy:

Messy Desk
We have some catching up to do!

WAGE ...

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According to statistics collected by the Equal Employment ...

Here are the rules, as simply as I can state them:

1. If actual work is performed, you've almost always gotta pay. 99.99999 percent* of the time. This is so, whether the work is performed at the office or factory, at a customer's or client's site, at the employee's home, in the employee's car, in a hotel room, at McDonald's, in a parking lot, in a dark alley, ANYWHERE. And, yes, "work" can ...

Dunce donkey.jpgH.L. Mencken once said, "No one in this world, as far as I know . . . has ever lost money by underestimating the intelligence of the great masses of the plain people." Being a "small d" democrat and believing that stupidity is not limited by one's social standing, I'd delete "the great masses of the plain."

But, apart from that nit, I am in awe -- I just can't figure out how Mr. Mencken ...

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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