Ver la versión en español aquí. In the waning days of the Biden administration, the U.S. Citizenship and Immigration Services (USCIS) extended the designation of El Salvador, Venezuela, Ukraine, and Sudan for Temporary Protected Status (TPS) for an additional 18 months. The TPS extensions are as follows:… Continue Reading
Ver la versión en español aquí. In January 2021, I made several “way too early” pre-season predictions about then president-elect Joe Biden’s agenda regarding labor and employment. High on President Biden’s wish list was the Protect the Right to Organize Act (“PRO”), which would substantially strengthen labor law to the advantage of employees and unions. … Continue Reading
Ver la versión en español aquí. After a two-year hiatus, we are thrilled to be back in person! This year’s theme is “When Really Bad Things Happen to Really Good Employers…” Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! No one … Continue Reading
Ver la versión en español aquí Last week, I had the pleasure of presenting at the Coral Gables Chamber of Commerce’s IMPACT Series: A Seminar Series for Small Business. The audience was comprised of business and human resources professionals across several sectors. For those of you who were not able to attend the presentation, I … Continue Reading
Ver la versión en español aquí Recently, an insurance company released a story about a secret contest it launched offering $10,000 to the first person who read their insurance policy. The catch: the only way you could find out about the contest was to actually read the policy. 73 policies were sold and sent out … Continue Reading
Ver la versión en español aquí The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.” The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a … Continue Reading
Ver la versión en español aquí Last week, the Department of Homeland Security (DHS) announced that it would extend temporary protected status (TPS) for Haitian nationals in the U.S. The extension is for only six months and there is a good possibility that DHS will decline to extend TPS status for Haitian nationals beyond January … Continue Reading
Ver la versión en español aquí Let’s go back to happier times … for Pittsburgh Steelers fans, that is. On January 15, 2017, the Steelers won the AFC Divisional playoff, moving the team to the AFC Championship game against the New England Patriots the following Sunday. (Cue the “Boos”). The players were elated. The post-game … Continue Reading
Ver la versión en español aquí This is the second time my post discusses Donald Trump, except now he is President-elect Donald Trump. Much has been written in the week since his election regarding how his presidency may impact employers. Overall, the consensus seems to be that established laws such as Title VII and the … Continue Reading
Ver la versión en español aquí Not long ago, we blogged about social media as a blessing and a curse for employers. On the one hand, social media helps businesses market products and services; on the other, social media provides employees with an easily-accessible platform to draw negative attention to the business. To prevent (or minimize) … Continue Reading
Ver la versión en español aquí The New Year has begun with a knock on your door: “We are from the NLRB, and we are here to help.” Do not continue to assume that you can pretend no one is home simply because your company is non-union. The Board continues to assert itself as an … Continue Reading
I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers. Drum rolls please . . . TEN WAYS TO AVOID GETTING … Continue Reading
Ver la versión en español aquí Recently, I had occasion to watch Season 1 of the Netflix series, Marco Polo. The plot is based on the 13th century Mongolian Empire. However, to an employment lawyer, it all seems like a page out of an employment law primer. The main protagonist (read, disgruntled employee), Marco Polo, … Continue Reading
Ver la versión en español aquí Many employers and their attorneys believe the National Labor Relations Board (“NLRB”) has gone off the deep end. This school of thought was again reinforced with the NLRB’s June 18, 2015 Remington Lodge Hospitality decision. In a 2-to-1 decision, the NLRB held that the Sheraton Anchorage hotel committed an unfair … Continue Reading
On June 20, 2014, the Department of Labor (“DOL”) announced its proposal to change the FMLA’s definition of “spouse”. According to the DOL, the purpose of the proposed change is to “ensure that same-sex couples who have legally married will have consistent FMLA rights regardless of where they live.” Under the current FMLA regulations, employees … Continue Reading
Ver la versión en español aquí The explosion in popularity of social media has, in my opinion, been a blessing and a curse for businesses. On the one hand, social media helps businesses market products and services, and reach-out to current and potential customers, with relative ease and little cost. On the other hand, social … Continue Reading
Last week, an administrative law judge for the National Labor Relations Board, ruled that a technical college ran afoul of the National Labor Relations Act for instituting a policy prohibiting employees from gossiping and for then firing an employee who violated the policy. Click here for a copy of the case. Laurus Technical College in Atlanta … Continue Reading
In February 2013, we advised you that the Department of Labor (“DOL”) revised its Family and Medical Leave Act (“FMLA”) poster, also referred to as the “General Notice.” (Click here for February 2013 post) At the time, the revised FMLA poster was only available in English. After months of waiting, the revised FMLA poster is … Continue Reading
A New Jersey federal court ruled this week that “private” Facebook wall posts are covered by the Stored Communications Act (“SCA”). The SCA is a federal law that, among other things, prohibits unauthorized access of communications stored on the internet. Deborah Ehling, a former Monmouth-Ocean Hospital Service Corp. nurse, posted comments on her Facebook wall … Continue Reading
The Department of Labor (“DOL”) published revisions to certain regulations for the Family and Medical Leave Act (FMLA), a new poster and a new certification form. The following highlight key issues for employers with regard to the revisions. New FMLA Poster. The DOL revised its FMLA poster, also referred to as the “General Notice”, effective … Continue Reading
The Sixth Circuit Court of Appeals affirmed dismissal of a lawsuit under the Fair Labor Standards Act brought by an employee who failed to follow her employer’s policy for reporting uncompensated work time. In Margaret White v. Baptist Mem’l Health Care Corp., the employer, Baptist Memorial Health Care Corp. (“Baptist”), automatically … Continue Reading
Am I the only blogger who has a problem with social media? My twelve year old is addicted to his smart phone and Instagram. I constantly get poked from Facebook users. I read with dismay how administrative law judges interpreting the National Labor Relations Act (NLRA) have invalidated employers’ efforts to place some limits on … Continue Reading
This summer, the National Labor Relations Board (“NLRB”) highlighted its position that confidentiality rules and at-will employment disclaimers routinely promulgated by employers may violate the federal labor law. The NLRB held that a generalized directive to employees not to discuss matters under investigation with co-workers interfered with the National Labor Relations Act (“NLRA”). The NLRB … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). A … Continue Reading