X

Reset Password

Username:

Change Password

Old Password:
New Password:
We have completed your request.

Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 24
  • September
  • 2019

Author:

Share on:

T or F: Employers Shall Make No Rule Abridging the Freedom of Speech?

It’s been so long since I’ve taken a True/False quiz, and as a young man I generally detested the format. Although the answer to the question in the title of this post is False, there really is more to it than that! While the First Amendment does not apply to private employers and has not been interpreted to prohibit employers from setting certain restrictions on speech in the workplace, many states (including California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Mississippi, and New York) do have laws that prohibit employers from discriminating against employees because of their political views, especially political views expressed outside of the workplace. In such states, an employer who terminates an employee because of their political views could end up facing a wrongful discharge lawsuit.

Read More

So Long Side-Hustle? – California Aims to Reshape “Gig Economy” With Bill AB 5

Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”  If signed into law (and the governor has already signaled his intention to sign it), AB 5 would require many companies to re-classify as “employees” many workers who are currently classified as independent contractors, so long as they satisfy certain criteria. AB 5 could force drastic changes to many companies’ business models, requiring them to abide by state minimum wage laws, and to pay payroll taxes, premiums for workers’ compensation, Social Security, unemployment, and disability insurance for their employees’ benefit. Companies impacted would also need to provide their workers the ability to collectively organize under the protections of federal labor laws. 

Read More
  • 18
  • September
  • 2019

Author:

Share on:

Finally, Some Good For Employers in the Golden State

With the California legislature’s passage of Assembly Bill 5 on September 11, 2019, which sharply restrains businesses’ use of independent contractors, California businesses welcomed some good news last week from the California Supreme Court with respect to wage and hour claims and agreements to arbitrate in ZB, N.A., et al. v. Superior Court (Lawson) (September 12, 2019).

Read More
  • 13
  • September
  • 2019

Author:

Share on:

A Collective Bargaining Agreement’s Management Rights Clause Is No Longer Meaningless

One of the biggest complaints that you will hear from employers with unionized workforces is that it is so difficult to implement minor policy changes during the term of a collectively bargained contract. For example, the employer may want to implement a new safety policy to address a recent increase in workplace injuries that could have been prevented had the employees been wearing the required PPE (Personal Protective Equipment). The employer adds a new provision to the PPE rule that requires employees caught without their PPE to undergo a mandatory retraining program on the first instance and be subject to discipline, up to including termination, for any subsequent violations.

Read More
  • 10
  • September
  • 2019

Author:

Share on:

Property Lines No. 2: Where Charity Meets Labor Rights

Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees. As I said then, it is always better to think through these issues before you are faced with the angry union organizers picketing your contractor in front of your facility.

Read More
  • 04
  • September
  • 2019

Author:

Share on:

Less Documentation May Sometimes Be Better When Letting People Go

More often than not, when employers make a decision to terminate someone, multiple factors influenced the decision. Yes, the proverbial “straw that broke the camel’s back” may have been the employee’s recent string of unexcused absences, but perhaps the terminated employee had other problems as well. Had the employee been a star performer who worked well with everyone, his immediate supervisors may have overlooked the absences, or opted for a warning as opposed to the ultimate penalty.

Read More
  • 22
  • August
  • 2019

Author:

Share on:

Union — Employer Scandals Hurt Many Modern Workplaces

In many American workplaces, the union that represents the employees has been ensconced for decades. So long, in fact, that it’s quite possible that none of the current employees ever voted for the union that represents them. Even so, the odds of these employees turning against that union or seeking to decertify it are very low.

Read More
  • 15
  • August
  • 2019

Author:

Share on:

Does Fifth Circuit Ruling Allow Employers to Discriminate Against Ex-Felons?

In 2012, the EEOC issued guidance stating that blanket bans on hiring employees with criminal records disproportionately impact minorities and instructing employers to ensure that their hiring policies link specific criminal conduct to the risks inherent to a particular position. The State of Texas challenged that guidance on the grounds that it should be allowed to categorically exclude felons from certain categories of public jobs and the District Court enjoined the EEOC from enforcing its guidance.

Read More

Has New York Become the New California for Employment Law?

In the last year, the Empire State has begun to give the Golden State some serious competition for being the most pro-employee state in the Union. Earlier this summer, for example, I wrote about New York’s new laws to address harassment in the workplace. Last week, Governor Cuomo signed two additional bills that expanded New York’s equal pay law.

Read More

Sign Up for Updates

Receive e-mail news and alerts from the V&E Employment, Labor & OSHA team

Top Posts

Follow Us On Linkedin

Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner