Can an Employee Assert Defamation Based on Info Given to the EEOC?
The Situation: A former employee files an EEOC charge. The EEOC requests a position statement and the employer provides it. Can the employee later use that position statement to support a claim for defamation?…READ MORE
Is it Okay to Give Women More Parental Leave?
The Situation: A company implements a new parental leave policy which allows more time off for biological mothers than biological fathers, along with offering new mothers better benefits related to their transitions back to work. Could this be unlawful?…READ MORE
So What Exactly Can You Say About a Terminated Employee?
The Situation: You have an employee who is struggling to meet performance goals. After trying to address the deficiencies in his performance, you end up concluding that it just is not a good fit. You give the employee a termination notice, deciding that it is preferable to just cut your losses. So what exactly can you say to your other employees about The Situation:?…READ MORE
Can Employers Obtain Cell Phone GPS Data In Unpaid Overtime Case?
The Situation: You operate a company in which employees frequently use personal cell phones for work reasons. A group of employees joins together and files a collective action, asserting that you failed to pay them overtime as required under the FLSA. You want to get ahold of GPS and location services from their cell phones to support your suspicion that these employees were not really working during all the hours they now claim. Can you get this information?…READ MORE
I Found My Employee’s Resignation Notice on Her Desk—Is This Considered Notice?
The Situation: You have an employee who has been acting somewhat disgruntled. One night, after hours, you come across an envelope on her desk with your name on it that contains a letter saying that she is resigning and her last day will be in two weeks. She shows up in the morning and you tell her that you are accepting her resignation effective immediately. She then seeks unemployment benefits—could you be on the hook?…READ MORE
Is Advance Notice of Termination Required?
The Situation: Based on your current business needs, you decide to terminate a long-standing employee. You make the termination effective immediately. Does the employee have a right to claim that she should have been given advance notice of her termination?…READ MORE
Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability
Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability by Elaine Inman Hogan, “The Job Description”, published by The Defense Research Institute (April 26, 2016) As employment lawyers, we are all too aware of the importance of consistency and the dangers of inconsistency when it comes to the application of employment policies. Another area in which inconsistency can leave employers vulnerable is providing a reason(s) for employment decisions, including those related to interference claims under the FMLA. Two different cases in recent years illustrate this point. To read full article, click on link below - [caption id="attachment_719" align="alignleft" width="300"] The Job Description, Defense Research Institute[/caption]…READ MORE
Exotic Dancers—Independent Contractors or Employees?
The Situation: A private club enters into independent contractor agreements with a number of exotic dancers which state that they can choose the days they work, along with their dance routines and songs. The agreements also provide that the dancers keep all the tips they earn while performing and half of each “couch dance” fee collected. The dancers agree to pay the club certain fees for the ATM and jukebox. Are these dancers actually employees?…READ MORE
Employee’s Facebook Rant Against Employer on Social Media Could be Protected
The Situation: If an employee posts nasty complaints about my company or supervisors on Facebook or another social media site, can’t I fire him?…READ MORE
Uber driver found to be employee and not independent contractor
A big issue facing Uber and other similar on-demand car service companies is whether their drivers are independent contractors or employees. This classification issue is tricky for employers of all types and sizes — as the lines aren’t always clear and the implications significant. Earlier this week, the California Labor Commissioner ruled against Uber, finding that one of its drivers was an employee and not an independent contractor and thus entitled to reimbursement for expenses under California law. (Barbara Berwick v. Uber Technologies, Inc., State Case No. 11-46739 EK). Uber is appealing that ruling, but it faces similar challenges in other venues, including a class action lawsuit over the same issue in federal court.…READ MORE