The National Labor Relations Board (NLRB) has ruled that a union displaying a “Scabby the Rat” inflatable in front of a neutral secondary employer was a valid exercise of their First Amendment rights. However, the court failed to create a distinct rule that determined what was, or was not, a valid exercise of union speech under the National Labor Relations Act (NLRA). This decision may indicate that other, similar protests will become more common against secondary employers in the future. Continue reading “NLRB Rules Use of “Scabby the Rat” Valid Against Secondary Employer”
Tag: employment law
Facing Bankruptcy, Hertz Paid Executives $16 Million in Bonuses
Hertz, the major rental car company, has struggled to stay afloat since the arrival of the coronavirus. Its business model is heavily reliant on tourism, and with most people staying at home, their revenues have plummeted. However, these financial difficulties did not stop the company from paying its executives $16 million in bonuses right before filing for bankruptcy, a move that has received criticism from employees and shareholders alike. Continue reading “Facing Bankruptcy, Hertz Paid Executives $16 Million in Bonuses”
Delivery Fee Not a Gratuity Under NYS Law, According to Second Circuit
In a case likely to have ripple effects across the industry, the Second Circuit of the United States Court of Appeals has ruled that a mandatory “delivery fee” was not a gratuity under New York State Law. This ruling may significantly impact delivery services throughout the state, who in some cases have been significantly underpaying delivery people on the basis of a “delivery fee” they received. Companies employing delivery people will need to reexamine their pay structure and compensate employees for lost wages. Continue reading “Delivery Fee Not a Gratuity Under NYS Law, According to Second Circuit”
LGBTQ Discrimination Cases Go to Supreme Court
The Supreme Court recently heard arguments on cases related to discrimination against Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) people in the workplace. These cases, including Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC, alleging employees were discriminated against because they were discovered to be gay and transgender, respectively. In both cases, the question is not whether they were discriminated against, but instead, whether that discrimination violated the law. Continue reading “LGBTQ Discrimination Cases Go to Supreme Court”
How to Protect Yourself From Employment Discrimination Claims
If you’re an employer, chances are you’ve concerned yourself with the possibility of an employment discrimination lawsuit. Even if you go out of your way to treat all your employees with respect and fairness, the risk of a discrimination lawsuit is ever-present. And unfortunately, simply being well-intentioned doesn’t necessarily protect you from a discrimination suit. Continue reading “How to Protect Yourself From Employment Discrimination Claims”
What is a Hostile Work Environment?
Unfortunately, some individuals may find themselves in situations in which they feel they are working in a “hostile” work environment. However, many times, what an individual perceives to be a hostile work environment will not be legally recognized as a hostile work environment which could give rise to a lawsuit. Determining the difference between a stressful or unpleasant workplace and one which can give rise to a lawsuit is crucial. Continue reading “What is a Hostile Work Environment?”
How the Flu Season Affects Your Business
Flu season is here and with it comes a wave of employee sick leaves that may ultimately affect your business. According to The New York Times, last flu season was the worst in nearly a decade, more severe than any flu outbreak since the swine flu in 2009. As many as 28,000 New Yorkers were hospitalized for flu-related symptoms. It is important that employers in New York City are aware of the laws applicable to employee paid sick leave. Continue reading “How the Flu Season Affects Your Business”
What to Consider in a Non-Disclosure Agreement
No matter what type of business one may have, protecting the business’ confidential information is crucial. Whether it be during the initial startup, bringing in investors, or in conducting other commercial matters, there are many ways a business’ confidential information can be exposed. One way to limit the release of confidential information is through the use of a non-disclosure agreement (NDA). A good practice for any business is to have each individual sign a non-disclosure agreement before speaking about a possible business relationship. Such an agreement will help prevent them from disclosing or using your information while also allowing you to speak openly with them. Continue reading “What to Consider in a Non-Disclosure Agreement”
Reduce Business Liability at the Holiday Party
The holiday season is upon us and many businesses choose this time of year to celebrate workplace achievements and express gratitude to employees for their contributions. Although holiday parties are customary to some businesses, others are choosing to forgo these festive traditions in fear of legal liabilities stemming from alcohol use, injuries, and harassment. For businesses that choose to have a holiday party, it is important to take measures to minimize risk and promote safety. Continue reading “Reduce Business Liability at the Holiday Party”
Choosing the Right Classification of Worker for Your Business
Starting a new business or joining a currently existing business can bring a few challenges. One challenge that arises comes from the hiring process. There are multiple types of workers that can work for you. These can include Full-time Employees, Part-time Employees, Interns, and Independent Contractors. Continue reading “Choosing the Right Classification of Worker for Your Business”
