NSFW Facebook Rant Was Awful, But Not Awful Enough to Justify Firing

In National Labor Relations Board v. Pier Sixty, LLC, the Second Circuit Court of Appeals considered how awful an employee’s conduct must be on Facebook before he or she loses the protection of the National Labor Relations Act (“NLRA“). In this particular case, in the middle of a union campaign, the employee reacted poorly to […]

Read more...

Can I Sue My Employees For Padding Their Timesheets?

Whether your employee conveniently “forgets” to clock out or systematically falsifies timesheets, wage fraud is tricky to address. Clearly, preparing a false timesheet with the intent to receive unearned wages is fraud. If the employer is a government entity or contractor, the employee can and will be prosecuted criminally for falsifying timesheets. Here are some […]

Read more...

Stop! Don’t start paying overtime based on the DOL’s new overtime rule.

A federal court has issued a nationwide preliminary injunction blocking the implementation and enforcement the United States Department of Labor’s new overtime rule. You can read the decision here: State of Nevada, et al. v. United States DOL, et al. As of December 1, 2016, the rule would have increased the minimum salary level for […]

Read more...

Sexual Orientation Discrimination = Sex Stereotyping = Civil Rights Violation

According to the United States District Court for the Western District of Pennsylvania, “discrimination based on sexual orientation constitutes sex stereotyping prohibited by law.” See Order Denying Motion to Dismiss, Equal Employment Opportunity Commission v. Scott Medical Health Center PC, Case No.  2:16-cv-00225 (W.D. Pa. Nov. 4, 2016). This comes on the heels of the Seventh […]

Read more...

Will Your Company Be Sued For An Unfair Labor Practice Because Of Its Arbitration Agreement?

For years, attorneys have counseled that the way to prevent costly class and collective action litigation with employees is to require the employees to execute arbitration agreements that only permit individual (as opposed to class) arbitration. The National Labor Relations Board (NLRB) argues that this violates the employees’ right to act collectively under the National […]

Read more...