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?
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?”
By far the most common type of employment in the United States is what is known as at-will employment. In fact, it is estimated that nearly three quarters of all employees in the U.S. are considered to be at-will employees. But what does it mean for someone to be employed at-will, and why might that matter for you?
Starting on May 15, 2022, New York City will require all employers in the city with four or more employees to disclose the acceptable salary range for any position it advertises. This is meant to deal with a surprisingly common problem, where employers would advertise a position without also advertising the salary, leading to what many would consider deceptive business practices. This information can help potential job applicants to ensure they are making an amount of money appropriate to their position, rather than having to operate blind. Continue reading “New York City Mandates Salary Range Disclosure Starting May 15”
An article in the National Law Review has noted that employers in many states may want to reconsider their zero tolerance policies when it comes to marijuana use. For many years, even medical marijuana users with state-issued cards were being fired for testing positive for marijuana use, with few repercussions. However, as both medical and recreational use become more common, these stringent policies have become not only outdated, but potential liabilities for employers. Continue reading “Employers May Need to Reconsider Zero Tolerance Marijuana Policies”
A provision in the 2019 National Defense Authorization Act (NDAA) has made it illegal for employers throughout the United States to inquire about a person’s criminal record prior to a conditional offer of employment. Known as the “Fair Chance to Compete for Jobs Act of 2019,” or the “Fair Chance Act” for short, the provision abolishes the section on job applications that requires a person to disclose their criminal history. The measure is aimed at improving the opportunities for those previously convicted of a crime to return to regular society and obtain honest employment. Continue reading “Fair Chance Act Restricts Employers from Asking About Criminal History”
Under federal law, there are two primary kinds of paid workers: employees, and independent contractors. And whether intentionally or accidentally, employers are mixing up the two, to the detriment of their own workers. Being misclassified can have major financial and legal implications to an employee, and it’s important to know what to do if you think you’ve been misclassified. Continue reading “The Scourge of Misclassified Employees”
When people think of employment discrimination, whether based on gender, race, age, sexuality or disability, they usually have a specific picture of what that looks like. They imagine bigoted tirades or inappropriate physical contact, or managers or executives outright declaring their refusal to treat certain kinds of people as equals. That said, with employers now more conscious of lawsuits than ever, discrimination can often take more subtle forms. Continue reading “When Employment Discrimination Gets Sneaky”
When people think about what an employer might examine to evaluate their employees, they think of things like their resume or curriculum vitae, their references, their criminal background check or even how they dress. However, many employers now add an additional step to their employee evaluation process: a credit check. Most people may be surprised to discover an employer can do this, and they’re probably curious as to why. Continue reading “Can My Employer Really Look at My Credit History?”
Whether or not an intern is paid is usually a deciding factor in considering hiring one. While many internships are not paid, labor laws usually allow the intern to work for college credit. However, there are restrictions to this exception. An internship must abide by specific criteria in order to be exempt from the Minimum Wage Act and Orders, which outlines New York’s laws regarding pay and overtime. In order to be exempt from this law, an intern cannot be considered an employee and an employment relationship cannot exist between the for-profit business and the intern. It can be determined that an employment relationship does not exist if the relationship meets all of the following criteria:
Continue reading “What You Should Know Before Hiring an Intern”