Mention the words “worker misclassification” and many business executives will start to feel the hairs on the back of their neck stand on end. What do you think of when you hear that phrase? The IRS? The Department of Labor? Back taxes? Penalties and fines for unpaid workers’ compensation? Affordable Care Act issues? Wage and hour […]
The NLRB and Arbitration Agreements: The Battle Rages On…
I previously wrote here about the NLRB case, D.R. Horton, which found that mandatory arbitration agreements violate the National Labor Relations Act. The 5th Circuit Court of Appeals overruled that decision in December 2013. Apparently that does not bother the NLRB… What’s up with that –and what’s an employer to do? We should –and will–talk about that–after the […]
The NLRB and You: What (Not) to Do When Your Employee Rants
I’ve posted about the NLRB and social media issues (and employee rants) previously here . So what else could there be to say about the subject? Has anything changed? Well, last month a Circuit Court issued a decision regarding union workers posting negative flyers near the employer’s place of business. Also, since Noel Canning which I posted […]
How Do You Reconcile FMLA, ADA and Collective Bargaining Requirements??
Last week on The EmpLAWyerologist, we got a glimpse of when a Collective Bargaining Agreement may “trump” the FMLA’s provisions as to amount of leave time, eligibility, certification and similar issues. Click here if you missed it or would like to review. Those issues primarily centered around the rights of the employee taking leave. But […]
Walmart’s “A Series of Unfortunate Lawsuits”
The next several weeks will be seemingly devoted to our nation’s largest retailer, second-largest corporation and largest private employer. In case you have not guessed, or if you missed last week’s post (you can click here if you did) that distinction goes to Wal-Mart. Now, we are not going to be appraising Wal-Mart’s general business […]