Employment Law

Warn managers against sending after-hours texts and emails to nonexempt subordinates

11/21/2023

Chances are, almost all your employees have mobile devices that let them send and receive texts and emails at any time. Advise managers of hourly employees not to send electronic messages to them outside working hours. That counts as work for which they must be paid under the Fair Labor Standards Act.

Tick tock, watch work off the clock

11/21/2023

Would you know compensable working time if you saw it? If you pay for noncompensable working time anyway, you can put conditions on your payment. Two cases illustrate.

Learn the lessons from ‘Pharmageddon’ walkout

11/20/2023

On Oct. 30, thousands of pharmacy workers at drugstore chains including CVS, Rite Aid and Walgreens walked off their jobs. They stayed away from work for three days. They dubbed the walkout “Pharmageddon”—and promised more work stoppages if changes don’t occur. This highlighted the danger of ignoring employee complaints and the adverse publicity worker walkouts can generate.

Be more alert than ever for anti-Jewish, anti-Muslim bias

11/15/2023

The ongoing conflict between Israel and Hamas has brought the Israeli-Palestinian conflict front and center into our lives and, as a result, also into our workplaces. You can’t stop employees from talking about current events, especially when those events are so horrific and so impactful on so many of us. The key for employers is to make sure those discussions remain calm and respectful.

Blanket refusal to accommodate leads to ADA liability

11/15/2023

Employers cannot simply declare that a specific accommodation in all circumstances creates an undue hardship. Consider each disability case individually.

It’s up to HR: Act fast to fix supervisor gaffes

11/10/2023

Supervisors say the darndest things. It’s up to HR to clear things up before some dumb comment lands your organization in deep legal trouble. Don’t delay! If you know the boss was in the wrong, correct the record ASAP and make things right—the sooner, the better. Add a heartfelt apology on behalf of the company, too.

Be on high alert for harassment: You could be liable for clients’ racial hostility

11/03/2023

You no doubt know employers are responsible for protecting employees from co-worker and supervisor racial hostility and harassment. But what about hostility aimed at employees by customers and clients? The EEOC takes the position that employers must rein in hostility, no matter where it originates.

United Auto Workers win may embolden more union activism

11/03/2023

After weeks of targeted strikes and other work stoppages by the United Auto Workers against the Big 3 automakers, the union has declared victory. The three simultaneous contract negotiations marked one huge win for the UAW—and the continuation of an overall winning streak for organized labor. Other unions and other workers have surely noticed.

NLRB ruling raises the alarm! Even tiny employers should prepare for union drive

10/30/2023

Small employers sometimes act like they don’t have to worry about unionization, the National Labor Relations Act and the National Labor Relations Board. That’s a huge mistake! All organizations with any employees at all must comply with the NLRA and are subject to NLRB enforcement if they violate the law.

Worker-friendly NLRB final rule makes it easier to establish joint-employer status

10/27/2023

The rule says that, under the National Labor Relations Act, two or more entities may be considered joint employers if each has an employment relationship with a group of employees, and if they play a role in controlling one or more essential terms and conditions of employment.