Do You Have to Pay Summer Interns?
Summer has arrived and many employers have already supplemented their operations with student interns, but the question we see crop up repeatedly is, “do I have to pay interns?” In the last few years, with a more competitive job market and corporate focus on reducing costs, we have seen an increase in the use of unpaid interns. Unfortunately, not all internships can be unpaid.
Eyeball your signature. Are you a narcissist?
It is always reassuring when research supports what you already believe. I read with interest an article in the May 2013 issue of the Harvard Business Review, "Size Does Matter (in Signatures)" — although I always thought that HBR was above that sort of headline.
Do New Massachusetts Supreme Court Decisions on Class-Action Waivers in Arbitration Agreements Foreshadow the U.S. Supreme Court’s Anticipated Amex Decision?
Two recent decisions by the Massachusetts Supreme Judicial Court (“SJC”) illustrate the application of the concept, adopted by some courts, that arbitration agreements with class action waivers can be invalidated “where the plaintiff can demonstrate that he or she lacks the ability to pursue a claim against the defendant in individual arbitration,” without violating the principles set forth by the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion. The SJC’s reasoning and conclusions are similar to and an extension of the Second Circuit’s opinion in In re American Express Merchants’ Litigation, currently on appeal before the United States Supreme Court in American Express Co. v. Italian Colors Restaurant (Amex).
Fourth Circuit Strikes Down NLRB’s Notice-Posting Rule as Beyond NLRB’s Statutory Authority under NLRA
The National Labor Relations Board exceeded its authority by issuing a rule requiring all employers subject to the National Labor Relations Act to post a notice informing employees of their rights under the NLRA, the U.S. Court of Appeals for the Fourth Circuit has ruled. Chamber of Commerce of the U.S., et al. v. NLRB, No. 12-1757 (4th Cir. Jun. 14, 2013). Affirming summary judgment in favor of the Chamber of Commerce of the United States and South Carolina Chamber of Commerce (collectively, “the Chamber”), the Court held the NLRA only authorizes the NLRB to “carry out its statutorily defined reactive roles in addressing unfair labor practice charges and conducting representation elections upon request” and not engage in proactive rulemaking. The Fourth Circuit joined the D.C. Circuit in rejecting the rule. The U.S. Court of Appeals for the D.C. Circuit struck down the rule in May of 2013.
EEOC Again Goes After Criminal Background Checks
The EEOC is still filing lawsuits against employers who conduct criminal background checks as shown in this June 11 press release. States are limiting criminal background checks too. Based on the government's current hostility, it is important to review your background check policies and procedures frequently in all states in which you do business.
Top 11 Litigation Tips in the History of the Universe
According to our most recent survey, the absolute No. 1 workplace legal issue at the moment is how to prevent and manage litigation.
Nevada Imposes Restrictions On The Use Of Credit Reports In Employment Decisions
Employers frequently use credit reports (sometimes referred to as “consumer reports”) as a tool in determining whether to hire, promote or retain an employee. The Fair Credit Reporting Act (FCRA), a federal law, allows an employer to deny employment based on the content of a consumer report, but requires various notices and disclosures, e.g., obtaining the applicant or employee’s authorization before requesting a credit report, giving the applicant or employee notice and information before taking any potential adverse action based on the report, and giving notice and information if an adverse action is actually taken based in whole or in part on the content of the report.
Nevada: Inquiring About Personal Social Media Will Be Illegal
Unless it is necessary to comply with a state or federal law or regulation, effective October 1, 2013, it will be illegal for a Nevada employer to require, request, or even suggest that an employee or a prospective employee disclose the user name, password or other access information to his or her personal social media account.
Connecticut Enacts New Laws Expanding Protections for Veterans and Revising the State Military Leave Law
Connecticut Governor Dannel P. Malloy has signed two laws expanding benefits and protections to veterans. The first would reinstate eligibility for state benefits to any veterans discharged from the armed services, regardless of discharge classification, who were denied benefits solely based on their sexual orientation (Pub. Act 13-48). The second would revise current military leave protections to employees who are members of the state armed forces who take time from their employment to perform ordered military duty (Pub. Act 13-49). The laws become effective on October 1, 2013.
Restaurant Industry Legal Alert: Answers To Frequently Asked Questions Concerning California's Human Trafficking Notice Requirements
In response to our June 6, 2013 Restaurant Industry Newsletter, we received several questions about whether California's human trafficking statute applies to all restaurants and drinking establishments. As a result, we are providing the following answers as a guide to help you determine whether you must comply with the statute.
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