The Federal Trade Commission (FTC) has finalized a broad ban on non- compete clauses in employment contracts throughout the United States. While many consider this to be a potential boon for workers, employers have pushed back, saying that non-compete agreements are essential for their businesses. The FTC is already facing potential litigation on the issue from employers angry about the new rule.
Category: Terms of Employment
Seven Important Terms to Know in Your Employment Contract
If you are an employee at a company with a formal employment contract, it is critical that you understand all of the terms of your contract. This can help you ensure you get everything you are legally entitled to from your employer, as well as help protect you in the event you are fired or get into some other employment-related dispute. Here are seven important terms you should know in your employment contract:
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Ten Steps To Getting Fired on Your Own Terms
If you believe you may be fired at work, or have received notice that your employment is being terminated, that is not necessarily the end of things. As Steven Sack, the Employees’ Lawyer, likes to say, “Every firing is negotiable,” and that is as true for you as it is for anyone else. Here are ten steps you should take to make sure you are fired on your own terms:
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New NLRB Ruling Affects Who May Be Considered an “Independent Contractor”
In a recent decision, the National Labor Relations Board (NLRB) has changed how determinations will be made to determine whether a worker is an independent contractor or not. In previous decisions, the NLRB has said that it would prioritize the entrepreneurial opportunities of a worker to determine whether they qualify as an independent contractor. In this decision, however, they have said they will look to a wide variety of factors to determine if someone qualifies for that classification.
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WGA Goes On Strike Over Low Pay, Royalties
The Writers Guild of America (WGA) has gone on strike in protest against low wages and poor royalties throughout the film and television industries, which they say has made it nearly impossible for writers to make a living. In particular, they complain about a lack of royalties for “new media” such as streaming shows and movies, which they say they make almost no money from. In addition, there is increased suspicion towards the use of artificial intelligence (AI) as a replacement for writers and other artists, which they say may be used to devalue their work.
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Proposed Bill Would Increase Wage Transparency Across U.S.
A new bill introduced in the United States House of Representatives would require employers to increase wage transparency for job postings. The bill, dubbed the “Salary Transparency Act,” would force employers to post the wage or wage range for any job posted for people to apply to, whether internally or publicly. This is meant to make it easier for job applicants to know the compensation of the jobs they are applying for before they go through the effort of the application process.
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Are You Entitled to a Reasonable Accommodation at Work?
The Americans with Disabilities Act guarantees workers the right to “reasonable accommodations” for their disabilities, which must be provided by their employer. However, that does not mean that everyone gets access to everything they might want to make their jobs easier. So how do you know if you might be entitled to a reasonable accommodation, and what does that look like?
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Five Things You Need to Know About Commissioned Employees
A surprising number of people across the United States are commissioned employees, people who are paid in part based on their sales or other metrics of job performance. While these jobs can be potentially lucrative for some, they also carry their own potential risks for exploitation by employers. Here are five things you need to know about commissioned employees:
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Activision Blizzard Illegally Retaliated Against Unionized Workers
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.
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Why Might You Be Misclassified as an Independent Contractor?
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?”