Viacom recently announced a settlement of $7.2 million dollars to end litigation by numerous unpaid interns for the Company’s television networks. In 2013, two former interns sued Viacom claiming that it violated the Fair Labor Standards Act (FLSA) and other state statutes by classifying them as “interns” (who are not paid) instead of actual employees.
Union Avoidance in The Face of the NLRB’s New “Quickie Election” Rule
This past December, the National Labor Relations Board (NLRB) issued its Final Rule implementing an accelerated process for conducting union representation elections—the
“Quickie Election” Rule. The new regulations are to go into effect on April 14, 2015. Various trade groups, including the U.S. Chamber of Commerce, have already filed legal challenges seeking to invalidate the
It’s All in the Family: Shifting Standards for Joint-Employer Liability
The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to how these standards apply in the franchisor-franchisee setting. In December, the NLRB filed complaints in 13 different regions
Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy
All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites, among other things. The law went into effect on January 1, 2015. Although it prohibits employers from
NLRB Rules Companies Can’t Ban Employees from Using Work Email for Union-Related Activities
The majority’s Purple Communications ruling effectively gives employees a statutory right to use employer email systems for non-business purposes, including union organizing. In shifting the balance toward greater employee rights, the majority brushed aside as irrelevant the fact that today’s employees already have many other options, such as personal electronic devices and social media, that
NLRB’s ConAgra Foods Decision Finds Employer’s Application of Non-Solicitation Policy Unlawful
The NLRB recently decided that ConAgra Food’s discipline of Janette Haines for violating the non-solicitation policy was unlawful, even though Haines engaged in a union-related discussion, and her discussion prompted another employee to stop working during work time.
Here is the NLRB’s version of the facts: Haines, an active and open union supporter, was in
Minnesota Judge Issues Blow to EEOC’s Challenge to Corporate Wellness Program (For Now, Anyway…)
Can an employer require employees to undergo biometric testing or suffer penalties under their health benefit plan as part of a corporate wellness program? On November 3, U.S. District Judge Ann Montgomery refused to grant the EEOC’s petition for a temporary restraining order prohibiting Honeywell International, Inc. from continuing such a practice—so maybe.
Under Honeywell’s
Triple Play Sports Bar Appeals NLRB’s Recent Facebook “Like” Decision
In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced Facebook discussion about Triple Play’s owners violated the employees’ right to engage in “protected, concerted” activity under
NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act
The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA).
A former employee of Triple Play Sports Bar and Grille, a non-union employer in Watertown, Connecticut, was upset that Triple Play’s owners had under-withheld her