The proliferation of social media issues in the workplace has created a multitude of challenging new problems for employers. The National Labor Relations Board (NLRB) is doing its best to expand that list.
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On April 17, 2012, the U.S. Court of Appeals for the District of Columbia issued an injunction preventing the National Labor Relations Board ("NLRB") from enforcing its employee notice posting rule, which had been scheduled to become enforceable on April 30, 2012.
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At this point, the world cannot ignore the commanding presence of social media—LinkedIn has 135 million members, Twitter users have tweeted up to 10,000 tweets per second, and a movie about Facebook recently topped the box office charts. Social media is no longer limited to homes and college campuses, but has invaded the workplace as well. Employees network with associates on LinkedIn, “friend” colleagues on Facebook, and tweet about their frustrations with their jobs. Accordingly, employers must be aware of the accompanying legal risks and implications related to using social media.
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A company’s most valuable asset is its customers. Businesses expend a great deal of energy to develop and maintain client relationships. What happens, though, when an employee exits the company to start a competing business and takes valuable clients with him? Without adequate safeguards, the results can be devastating.
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A new rule requires most private employers to post a notice of employee rights that are guaranteed under the National Labor Relations Act. (NLRA) The rule was effective November 14, 2011 but that date was recently pushed back to January 31, 2012. The NLRA protects worker’s rights to unionize and engage in concerted activity.
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In an age where government budget cuts have become the norm, the Equal Employment Opportunity Commission (“EEOC”) is requesting an $18 million increase in its year-over-year budget for fiscal year 2012. According to the Commission, it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training. The EEOC also wishes
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A U.S. District Judge recently issued an opinion with potentially broad implications for law enforcement, and possibly employers, regarding the use of technology to track the movements of individuals.
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Mergers and acquisitions present many complex legal and business issues. One of the main issues to consider are the employees. This includes the hiring or firing of the seller’s employees as well any potential employment liabilities.
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The IRS has announced a new program which would allow employers who incorrectly classified employees as independent contractors in the past to minimize exposure for such incorrect classifications.
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This spring a federal court in Louisville approved a new way for Kentucky employers to limit their liability in employment-related lawsuits. The court upheld a prior agreement between an employer and employee where they had agreed to shorten the statute of limitations to one year for any future lawsuit brought by the employee. Since the employee in this case filed her discrimination and wrongful termination claims eighteen months after she was terminated – six months beyond the shorter statute of limitations they had agreed to – the court held that the agreement barred the employee’s claims and dismissed the lawsuit.
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