The uncertain future of a Philadelphia law that would preclude employers from asking job applicants and employees about their salary history has local companies about as calm and at ease as the Teen Titans doing the pee-pee dance. Let’s recap… December 2016 – City Council proposes the salary history question…
Articles Posted in Hiring & Firing
The Sixth Circuit says that class-action waivers violate federal labor law. Meh.
Hey, no disrespect to the Sixth Circuit Court of Appeals, and all… They decided last week in NLRB v. Alternative Entertainment (opinion here) that, under the National Labor Relations Act, an employer cannot force employees to agree to mandatory arbitration and bar collective or class action lawsuits. The former is ok, the latter…
“I get high with a little help from my friends”
The Beatles lyric is also the opening line from a recent state court opinion about hiring (or not hiring as the case may be) someone who uses medical marijuana. More on that in a bit. But first, the title of this post may serve a dual purpose. That is, maybe it…
What ketchup on a hot dog can teach employers about at-will employment
Either way, it doesn’t belong on a hot dog. Ever. Heck, if it were up to me, I’d fire anyone who put ketchup on a hot dog. It seems that would be consistent with the at-will employment doctrine. Under the at-will employment doctrine, if the employee doesn’t have a contract…
“Life, Liberty and the pursuit of Happiness” … and Wife Swapping
What I am about to share with you is based on a true story. Well, bits of it anyway. A funny thing happened on the way to Independence Hall. Just days before our Founding Fathers signed the Declaration of Independence in 1776, two of their trusted advisors — the actual…
Well, I sorta botched yesterday’s post about Facebook and that employee’s $1.5M jury verdict
And, by sorta, I mean definitely. Oof! Sorry about that… Yesterday, I brought you “How a fired employee’s Facebook posts about Obama and “a thug” led to a $1.5M jury award.” It had some good employer takeaways and a .gif with Mr. Krabs taking a money shower. In other words,…
How a fired employee’s Facebook posts about Obama and “a thug” led to a $1.5M jury award — UPDATED
[After publishing this post, I was contacted by counsel for the City of Charlotte. It seems that some of the facts in both this post and the underlying reports upon which I based this post don’t tell the full story. So is this … (pause) … “Fake News”?!? Here is…
Fired for accidentally live-streaming nude on the company’s Instagram page (oops!), now she’s suing for her job back
Yep. That’s me after reading yesterday’s Google Alerts; the ones I set up to capture employees doing dumb stuff on social media. Hey, before I get to today’s social media booty (pun, toooooootally intended), I want to remind you about two free live seminars I’m presenting with my friends at Kistler…
2d Cir: Employee can curse out his boss and his boss’s family on Facebook and keep his job.
What the f*&k?!? I blogged about this case about two years ago (here), when it was pending before the National Labor Relations Board. In involves an employee who, on his work break, took out his iPhone, went on his personal Facebook page. Once on FB, the employee spewed about his boss, calling…
The two new bills in Congress that should be on every employer’s radar
After some Monday clickbait and yesterday’s doppelgänger edition, I’d like to be serious with today’s post. ***fart*** You say overtime; I say comp time. Under the Fair Labor Standards Act, when a non-exempt employee works more than 40 hours in a workweek, that employee gets paid overtime at time-and-a-half the regular…