We have been following actions taken by the National Labor Relations Board (“NLRB”) in the emerging world of social media (Social Media Posts and Concerted Activity). In an effort to offer guidance to employers about developments arising in the context of social media, the NLRB’s Acting General Counsel issued a report discussing the Board’s positions… Continue Reading
Monthly Archives: August 2011
Department of Labor Enters the Digital Age with Apps
Posted in LaborMobile apps burst onto the scene a few years ago, never to go back. Some apps have become quite well know for their entertainment value (think Angry Birds). Other apps are developed for productivity and business. If you can think of it, there probably is an app for it (or one is coming soon). Over… Continue Reading
NLRB Issues Final Rule Requiring Posting of Notice to Employees
Posted in ImmigrationIn December 2010, the National Labor Relations Board proposed a rule that would require the majority of U.S. employers to post a notice to employees informing them of their right to organize or join a union. According to the Board, it believes that many employees covered by the National Labor Relations Act are unaware… Continue Reading
Exotic Dancers not Employees under Nevada Wage Laws
Posted in Wage & HourA victory for the defense in Terry v. SHAC, LLC, d/b/a/ Sapphire Gentlemen’s Club, as a state court in Nevada ruled that exotic dancers who performed there were not employees of the club. The dancers contracted individually with the club pursuant to a rental agreement, under which a dancer paid flat fees to the club on… Continue Reading
Law clerk’s overtime exemption depends on duties performed
Posted in Wage & HourA law school graduate working in a law firm before becoming licensed to practice law is an exempt professional under the California analogue of the FLSA professional exemption, a California court of appeal ruled on Wednesday. This decision is instructive because the court did not conclude that law clerks are categorically exempt or non-exempt from… Continue Reading
UK Employment Law Update: A recent case finds that employers may dismiss employees for refusal to accept a pay cut, even if the survival of the business isn’t in issue
Posted in ContractsThe UK’s Employment Appeals Tribunal has confirmed that employers may dismiss employees who refuse to accept detrimental changes to terms and conditions without that dismissal being deemed "unfair" – so long as they have acted reasonably. It went on to say that an employer doesn’t necessarily have to show that the business would otherwise go… Continue Reading
Social Media Posts and Concerted Activity
Posted in LitigationIn the last several months, the National Labor Relations Board (“NLRB”) has attracted attention by issuing complaints against employers who disciplined or discharged employees for posting comments on Facebook or other social media criticizing the employer (see NLRB A ‘Twitter Over Employers’ Social Media Policies, and Social Media in the Workplace – The Social Media… Continue Reading
