Information and guidance on every phase of employment
Q. Are students who work in connection with their studies considered to be “employees” and therefore able to unionize?
A. In a significant development for private colleges and universities, the National Labor Relations Board (NLRB) announced that it intends to propose rules that would establish a “standard for determining whether…
The days are getting longer, the temperatures are rising, and kids everywhere are counting down the days until summer vacation begins. For many employers, the change in the season brings another big shift: the arrival of summer interns.
Internship programs are great for employers and interns alike – interns gain…
Last week, the United States Department of Labor (DOL) issued its long-awaited proposed change to the minimum salary threshold for the white-collar exemptions under the Fair Labor Standards Act. The new minimum salary threshold is $35,308/year (or $679/week).
This new rule is not finalized nor in effect now. Rather, the…
In a 2-1 ruling on February 4, 2019, the Second Appellate District of the California Court of Appeals expanded requirements for reporting time pay by ruling that a California employer would owe reporting time pay if it requires an employee to call in to confirm a scheduled on-call shift, even…
As we covered last year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employment contracts can legally bar employees from collective arbitration (and require instead individualized proceedings). The Supreme Court found that a provision forbidding collective arbitration violated neither the Federal Arbitration Act nor the…
Do you monitor your employees using technology? Would you consider making them wear wristbands or other devices capturing their every move?
This spring, news spread that Amazon had been granted two patents for a new wristband that appeared to be designed to do just that for its warehouse and fulfillment…
The National Labor Relations Board is signaling yet another change to the joint employer test in its recent issuance of a new proposed rule. The Board has waffled back and forth on this important issue recently, creating a lot of uncertainty for employers. Here’s an explanation of what has been…
On September 7, 2018, the U.S. Department of Labor’s Bureau of Labor Statistics announced the most recent employment numbers for the United States. As of August, total payroll employment had increased by 201,000, and the unemployment rate remained at 3.9%. The positive trend has also impacted an often-overlooked category of…
For the past several years, folks in the HR space have had to pay special attention to the language in their handbooks and employment policies out of fear of violating rules established by a series of decisions from the National Labor Relations Board (NLRB). Those decisions established a tough standard…
With the holidays now over and everyone settling back into our regular work routines, some predictions on labor and employment law developments for 2018 might be helpful. Overall, federal agencies are expected to continue last year’s trend of taking more employer-friendly positions under the current Administration. In addition to that…
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