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Employment Law

Texas court blocks union ‘persuader’ rule, appeal likely

08/11/2016

A federal court in Texas on June 27 ruled that the Department of Labor’s controversial “persuader rule” could not go into effect July 1. An injunction issued by the U.S. District Court for the Northern District of Texas means employers have at least a temporary reprieve from having to disclose who advises them on ways to discourage union organizing.

Age-related comment doesn’t always show bias

08/11/2016
If you learn a manager made an age-related comment, don’t panic. Context is everything.  An obvious discriminatory statement— “I am terminating you because you are old”—is one thing. However, a general comment—for example, about the advantages of accepting a retirement package as an older employee—probably isn’t biased.

Must we ever pay for long commuting time?

08/11/2016
Q. An employee’s workday begins at a site location, which could be an hour or more from his home. There is no other “corporate office” location. It is my understanding that travel time to work (wherever that may be) is not compensable. Is that always true? What if that first work location is a long way from home?

NLRB approves temp and regular employee organizing

08/11/2016
The National Labor Relations Board, in its Miller & Anderson, Inc. decision in July, announced a new standard that makes it much easier for unions to organize temporary employees working at another employer’s facility.

NYC contractor pays $431k to settle prevailing wage dispute

08/11/2016
Under the Davis-Bacon Act, employers are required to pay prevailing wages to employees who work on federal contracts. Sam Schwartz Engineering, a paving contractor on a federal project in Manhattan, found out the hard way that violating the prevailing wage rule is expensive.

You can seek ban on more employee lawsuits

08/11/2016
In some situations, you may be able to get a court to issue a “no more lawsuits” order. It’s not easy, though.

Refusing to transfer can be retaliation

08/11/2016
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Emotional damages OK’d under Sarbanes-Oxley

08/11/2016
When employers consider the possibility that an employee may sue under the Sarbanes-Oxley Act (an investor protection law sometimes called SOX), they naturally think in terms of financial damages. But courts are now saying that SOX allows wronged employees to collect emotional distress damages, too.

Use thorough reporting system to capture details of alleged harassment

08/11/2016
There is good news for employers that have to mediate workplace disputes that can fairly be characterized as personality clashes between co-workers.

Patience pays off when handling absenteeism

08/11/2016
Sometimes, an employer’s most valuable quality is patience. For example, letting an employee take FMLA leave even if you suspect his underlying condition may not really qualify can make the employee’s subsequent lawsuit fall flat.