Tag: Employee Rights

Can Music in the Workplace Be a Potential Liability?

The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employees) agrees with the Genius from Georgia, at least when it comes to music businesses allow to be […]

Don’t Get Burned by FMLA Leave Calculations During Summer Holidays

Summertime brings warm weather, planned vacations, and a number of state and federally recognized holidays. While long holiday weekends are often a time for celebration, cookouts, and a break from the typical 9-to-5, they also play an important role in calculating Family and Medical Leave Act (FMLA) leave. Recently, the U.S. Department of Labor (DOL) […]

Employee Rights in Mass Layoffs

Mass layoffs have dominated the news cycle in the last several months. While many of these layoffs have impacted the tech sector, nontech employees aren’t immune. In light of this unfortunate trend, it’s critical that employers in all industries be aware of their employees’ rights in the event of a layoff. Selection for Layoff Employers […]

Employers Beware: NLRB Instructs on Harsh Penalties for Repeat Offenders

In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or obvious disregard for employees’ rights under the National Labor Relations Act (NLRA). The decision is consistent with NLRB General Counsel Jennifer Abruzzo’s […]

Wage and Hour Law: Designed for the 1920s, Applied in the 21st Century

The fundamental premise of the Fair Labor Standards Act (FLSA) is that all employees are covered by its base requirements. This includes being paid minimum wage for every hour worked and time and one-half for all overtime. The FLSA is a statute of inclusion, which means all employees are covered unless they fit within specific, […]

Red Flag Flying: Tips for Detecting Employee Embezzlement

Sadly, in the past 12 months, I have been hired to investigate or assist in investigating employee embezzlement more times than in the past 15 years combined. Embezzlement is the theft or misappropriation of funds or property placed in one’s trust, belonging to one’s employer. Employee theft costs are on the rise, and they are […]

My Work Rule Is Legal Today, But What About Tomorrow?

Whenever the White House switches from one party to the other, there are risks because new appointments to the National Labor Relations Board (NLRB) mean changes will occur in how it interprets and enforces the National Labor Relations Act (Act). Based on a recently issued notice and invitation to file briefs, all signs indicate we’ll […]

age discrimination

No Age Bias in Demoting 51-Year-Old Employee for Lack of Accounting Experience

Former employees alleging age discrimination have the burden to prove the employment decision in question hinged on their age. In a recent case arising in Nebraska, the U.S. 8th Circuit Court of Appeals (which has jurisdiction over employment claims arising in the state) found the federal trial court in Omaha had properly dismissed the age […]

unions

Vote Count Nears in Closely Watched Amazon Union Campaign

The spotlight is shining on thousands of workers at an Amazon fulfillment center in Alabama as they vote in a closely watched election where the stakes are high for both union and employer interests. More than 5,000 employees of the facility in Bessemer, a Birmingham suburb, are mailing in ballots in an election to decide […]