Employment

Amendments to the FMLA Become Effective

Posted on in Employment, Publications

On February 5, 2013, the Department of Labor (DOL) issued its final rule amending certain regulations related to the Family and Medical Leave Act (“FMLA”). As a result, those amendments became effective March 8, 2013. The amendments primarily seek to expand leave for military caregivers and for airline flight crews and attendants. In addition, the […]

Employee Handbooks and Social Media – Again?!

Posted on in Employment, Publications

There have been two recent decisions by the National Labor Relations Board regarding an employer’s attempt to limit an employee’s comments on social media, without violating the employee’s First Amendment rights or the National Labor Relations Act (“NLRA”). One case favored the employees. The other favored the employer. No clear guidelines came out of these […]

Enforcing Employee Noncompete Agreements Post-Merger

Posted on in Employment, Publications

In June, 2012, the Ohio Supreme Court ruled that if a noncompete agreement of a company and its employee fails to contain language indicating it will apply to successors and assigns, that employee can leave and compete against the company into which his original employing company ultimately merges. The Supreme Court has now altered and […]

Supreme Court Rebuffs Labor Department

Posted on in Employment, Publications

Any reader of this article is probably well aware of one of the most commonly referenced federal statutes, namely, The Fair Labor Standards Act (29 U.S. Code §201, et seq.) (the “FLSA”). This statute deals essentially with setting forth minimum wage, the requirement of a customary 40 hour work week, and a time and a […]

Dispelling the Myth that the National Labor Relations Act Protects Only Union Activities

Posted on in Employment, Publications

When you give employees their raises, do you tell them not to discuss their compensation with other employees? Does your employee handbook contain a policy that instructs employees not to discuss their compensation with others, either within the company or outside of the company? Do you have a social media policy that advises employees that […]

Court Invalidates NLRB Quickie Election Rule

Posted on in Employment, Publications

On May 14, 2012, a federal judge in Washington D.C. agreed with the U.S. Chamber of Commerce that the NLRB’s “quickie election” rule is invalid because it was adopted without the statutorily required three member quorum for Board action. The decision turns on what it means to “participate” in an administrative vote which is taken […]