The NLRB <i>McDonald's</i> Ruling and Franchisors
November 30, 2014
The NLRB general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds.
With All Due Deference
November 30, 2014
In the courtroom, a business transaction, or on a ball field, a loss can also be a victory. Such is the case for employees in the matter of <I>Nielsen v. AECOM Technology</I>, decided by the Second Circuit Court of Appeals in August 2014.
CA Employers, Heads Up!
November 30, 2014
Beginning in 2015, California employers will be required by law to provide paid sick leave to employees. Because California is often a bellwether state for changes in others, this legislation is of national interest. Will your state be next?
Social Media Invades and Modernizes Employment Practices
November 30, 2014
Social media sites present a potential treasure trove of information on applicants, but mining this information for use in recruiting, hiring, firing and monitoring of employees is fraught with risk. This article explores practices to avoid and offers guidelines on how to use social media in ways that minimize exposure.
If You're Not on Facebook, You're Committing Malpractice
November 02, 2014
Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?
Gendered Dress Codes
November 02, 2014
While employers always need to keep in mind differing obligations under state and federal anti-discrimination statutes, the potential pitfalls for employers with regard to transgender employees are enormous.
Employee Noncompete Agreements
November 02, 2014
Due to the low number of reported cases addressing the treatment of noncompete agreements in bankruptcy sales and abundance of conflicting precedents across different states, it is important for attorneys and their clients to anticipate and address these issues early in the bankruptcy sale process.
States Keep Changing the Marijuana Laws
November 02, 2014
Despite legalization in several states, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain "zero tolerance" policies with respect to employee marijuana use.
Extraterritoriality and Whistleblower Retaliation
November 02, 2014
Though whistleblower protection statutes take many forms, the frameworks for determining liability are really quite similar. However, can overseas whistleblowers avail themselves of United States whistleblower protection laws?
