Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Sean Brown

Photo of Sean Brown
Dec 27 2016
Q&AWage and Hour  

Q&A: Can employers prohibit supervisory level employees from discussing wages?

Question: We have a supervisor who won’t stop talking about his wages; can we stop him from doing this?

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Nov 14 2016
Q&ALabor RelationsSafety and HealthWage and Hour  

Q&A: Are employees’ social media posts on wages and safety protected?

Question: All our employees make more than minimum wage, but we had an employee go on social media and say, “Minimum wage for this work?! How are we supposed to live off that?!” A number of other employees commented on the post and a few complained about a recent safety incident. Can we discipline the employee who lied about his pay? What can we do to address this?  

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Jul 12 2016
Privacy & Confidentiality  

Employer responses to EEOC and non-confidential attachments may be shared

Beginning on January 1, 2016, any employer response to a claim filed with the Equal Employment Opportunity Commission (EEOC) and any non-confidential attachments will be given upon request to the individual who brought the claim to the EEOC. This change is designed to “strengthen” the EEOC’s investigation and ensure consistency between all EEOC…

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Jun 02 2016
Q&ALeave Laws  

What happens when an employee is asked by the government to help with a natural disaster?

Q: One of our employees has medical training and has been deployed by the Federal Emergency Management Agency (FEMA) to help assist in a natural disaster out of state. How do we handle this situation?

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May 24 2016
Employee Classifications  

Truck drivers misclassified as independent contractors cost employer $7 million

A shipping company in California will pay $7 million after improperly classifying 38 truck drivers as independent contractors, providing yet another example of the importance of accurate employee classification. The issues for the California shipping company began when the local Teamsters union attempted to organize the drivers. During the organizing…

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Apr 28 2016
Wage and Hour  

Pre-Shift and Post-Shift Activities: Should the Time Spent Briefing Employees be Paid?

An employer in Texas will pay $460,853 to compensate 239 employees who weren’t getting paid for the time they spent staying after their shifts to update incoming workers. The oil refinery employees were scheduled to work 12-hour shifts, but at the 12-hour mark, they had to update incoming employees on what had…

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Jan 19 2016
Q&ALeave LawsWorkers’ Comp  

Does the FMLA apply to on-the-job injuries?

Q: Our employee was injured on-the-job and is currently off work under a workers’ compensation claim. Does the federal Family and Medical Leave Act (FMLA) apply when an employee is off work for a workers’ comp claim?

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Oct 21 2015
Q&ADrug and AlcoholPrivacy & Confidentiality  

When is it okay to search an employee’s locker?

Q: Our custodial staff found beer cans in the lunchroom. We don’t know who could have been drinking at work and we’d like to search employee lockers in order to find out. Is that okay?

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Oct 13 2015
Termination & Resignation  

Retaliation can apply to more than just work-related complaints

An employee’s report to police that a coworker stole her ring at work was protected and could not be used as the reason for her termination, ruled a California court of appeal.

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