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Employment Law

After Amazon, AI could still drive union organizing

04/13/2021
When Amazon warehouse employees in Alabama voted April 9 not to join the Retail, Wholesale and Department Store Union, many considered it a blow to organized labor. Other observers are not so sure.

Ensure young supervisors understand risk of age bias

04/08/2021
When young managers supervise older subordinates, the age differential can set up generational conflicts that cause legal trouble for employers. Prevent potential age bias claims by making sure all supervisors understand their responsibilities under the Age Discrimination in Employment Act.

Arbitration pact gags could soon come off

04/08/2021
Many cases go to court before they ever go to arbitration, forcing a decision on whether the agreement is legally binding. But that’s not the only problem with arbitration agreements.

Rein in inappropriate tweets, even the boss’s

04/08/2021
When senior executives discuss company business, they are speaking for the company. That speech includes Twitter content, according to the National Labor Relations Board, which has been coming down hard on CEOs who tweet during union organizing drives.

Telework may bring more harassment, not less

04/08/2021
Home may not be the safe space many imagined a year ago. Remote workers experience more workplace harassment, not less, according to a new survey by the nonprofit Project Include.

No matter how small, you’re probably covered by FLSA

04/01/2021
The Department of Labor has for decades held that the Fair Labor Standards Act covers all employers that send mail that crosses state lines or make phone calls to out-of-state numbers. Now a federal appeals court has made it clear that even an occasional phone counts.

It’s time to scrap pay-secrecy policies

04/01/2021
Traditionally, employers have tried to keep a lid on compensation-related discord by asking employees not to discuss pay. To some extent, that’s just the way it’s always been. But today, no-talk-about-pay rules are under legal assault, challenged for violating the law and helping perpetuate income inequality.

Shootings shine spotlight on anti-AAPI bias

04/01/2021
Mass murders last month at Atlanta-area massage parlors highlighted the growing threat of violence against Asian Americans and Pacific Islanders. The EEOC quickly issued a statement condemning the violence—and foreshadowing greater enforcement against those who harass members of the AAPI community.

Organized labor in flux: Dems soon to gain NLRB majority

03/30/2021
Democrats will soon gain a 3-2 majority on the National Labor Relations Board, according to employment lawyer Michael Lotito, who on March 25 briefed participants at the 17th annual Labor and Employment Advanced Practices Symposium.

Most managers still don’t understand FMLA basics

03/25/2021
Less than half (46%) of managers can name the benefits that the FMLA provides and even fewer (42%) know how long employees can be absent on FMLA leave, according to a test given to 435 managers by ClaimVantage.