Twitter is once again facing a major federal lawsuit for alleged employment law violations, this time for potentially violating the Americans with Disabilities Act (ADA). The lawsuit alleges that Elon Musk, the company’s new CEO, violated the law by suddenly requiring all employees to commit to 80-hour work weeks or accept severance, demanding an unreasonable amount of work without any accommodations. The suit also alleges an additional ADA violation by ending Twitter’s work from home policy without adequate explanation or notice. Continue reading “Twitter Faces ADA Woes Due to Changes in Work Policy”
In a recent decision issued by the Ninth Circuit Court of Appeals, it was ruled that the Fair Labor Standards Act (FLSA) requires compensation for pre-shift duties, such as turning on a computer and logging into a system. This reverses a lower court decision that had ruled the opposite, exempting employers from compensating employees for this extra time. The result could be a substantial increase in the pay for certain wage-earners.
Former employees at Twitter have filed a class action suit against the social media company after they were suddenly laid off in large numbers. These layoffs occurred after the company was purchased in a leveraged buyout by Elon Musk, who is also the CEO of Tesla and SpaceX, who began the firings as part of his overhaul of the company. In so doing, he may have violated federal and state labor laws, which protect against mass layoffs such as these from being performed without adequate notice.
Non-disclosure agreements, also known as NDAs, are a commonly seen tool in many aspects of business law, but one of the places they are most often seen is in employment contracts. There, they are used to protect the interests of employers, as well as their clients or customers, but can also be used to silence employees complaining about poor working conditions. But what exactly is an NDA, and how are they used in an employment context?
According to the Fair Labor Standards Act (FLSA), every non-exempt employee in the United States must be paid at least one and a half times their normal wage if they work more than eight hours in a day, or forty hours in a week. And yet, employers regularly refuse to pay their employees the wages they have earned, effectively stealing money they are legally entitled to. So how do you know if your employer is stealing your overtime pay, and what should you do if they are?
Mandatory arbitration agreements have become more common in the past few years, with some employers requiring them of every employee that works for them. These agreements, while poorly understood, can have a substantial impact on an employee’s ability to exercise their legal rights. But why do employers like mandatory arbitration agreements, and why do they put them into employment contracts? Continue reading “Why Do Employers Like Mandatory Arbitration Agreements?”
In a recent complaint before the National Labor Relations Board (NLRB), Activision Blizzard was found to have illegally retaliated against unionized workers. The company was found to have withheld raises from unionized workers that were granted to non-unionized workers, which the NLRB found constituted illegal retaliation. Activision Blizzard, for its part, denies that it engaged in any wrongdoing, and says it was merely following the law by not granting raises during a labor dispute.
Title VII of the Civil Rights Act of 1964 protects people from being discriminated against at work on the basis of race, religion, sex, nationality, or skin color. Unfortunately, some employers will discriminate against their employees anyway, with racial discrimination being a particularly persistent problem in workplaces across the country. Watch for these potential signs of racial discrimination, which may indicate a need to pursue legal action:
According to the New York State Department of Labor, there have been more than 31,000 employee misclassification cases in the state since 2007. While this is sometimes the result of an honest mistake, some employers will intentionally misclassify their employees as independent contractors, resulting in serious legal and financial problems. But why might an employer intentionally misclassify someone as an independent contractor? Continue reading “Why Might You Be Misclassified as an Independent Contractor?”
In an at-will employment relationship, employers have broad authority to fire employees, for a wide range of reasons. However, not every rationale for firing people is legal, and employers can face potential ramifications if they fire an employee for a legally prohibited reason. Here are five of the most common reasons that employees are illegally fired by their employers: