In the context of employment law, one of the most important legal ideas to understand is that of the “protected class.” This term has been the source of some controversy, but it is essential to understanding how employment discrimination cases work. But what exactly is a protected class, and how do you know if you belong to one? Continue reading “What is a “Protected Class” in Employment Law?”
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Congress Outlaws Mandatory Arbitration in Sexual Harassment Cases
Congress has successfully passed a law that would make it illegal to enforce mandatory arbitration clauses in employment contracts for sexual harassment and sexual assault cases. This measure, which is expected to be signed into law, is intended to protect employees from being trapped in private arbitration. This, in turn, could help victims of sexual harassment and assault in the workplace to get the justice they deserve.
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Five Common Myths About Labor Unions
Business owners, executives, and directors do not like it when workers try to unionize. As a result, they tend to promote a number of myths about labor unions, in order to discourage workers from exercising their legal right to collectively organize. Here are just some of the most common myths people say about labor unions:
Federal Court Denies Dismissal in Painkiller Discrimination Case
A federal court in Ohio has dismissed a motion for summary judgment in a case where a prospective employee was not hired after disclosing he used a prescription opioid painkiller. The case is a sign of the stigma that many people with chronic pain face as they seek employment in their respective fields. However, the plaintiff’s own motion for summary judgment was also defeated, meaning the case may have a long way to go before it is resolved.
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New York City Mandates Salary Range Disclosure Starting May 15
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”
How Do Employers Use Performance Reviews Against Employees?
Performance reviews are a regular part of almost every job in existence, with employees evaluated based on their ability to adequately perform their job duties. In theory, these are innocuous, a sensible part of ensuring employees are on task and doing their jobs. In reality, however, performance reviews can be used as a tool to deprive employees of their pay and benefits, and to conceal potentially illegal labor practices. Continue reading “How Do Employers Use Performance Reviews Against Employees?”
When Can Employees Legally Go on Strike?
The tactic of going on strike is one of the oldest, and most famous, strategies used by the labor movement. Through careful organization, strikes have been used to secure better wages and working conditions for workers across the United States. However, striking is not always legal, and it is important to know when a strike is protected by the law, and when it is not. Continue reading “When Can Employees Legally Go on Strike?”
FTC Begins Review of Rule on Restrictive Covenants
The Federal Trade Commission (FTC) has begun the process of reviewing a potential change to federal regulations about the use of restrictive covenants in employment contracts. The goal of these changes is, ostensibly, to allow employees a greater degree of freedom to change employment without fear of legal retribution. Employers, however, are wary of these potential changes, which they say may make it easier for employees to personally benefit from trade secrets or other confidential information. Continue reading “FTC Begins Review of Rule on Restrictive Covenants”
New York Imposes Emergency Mask Mandate For All Indoor Public Places
New York Governor Kathy Hochul has announced that, as of December 13, all public places in the state must require masks to allow people to enter. This mandate comes at the recommendation of the New York State Department of Health, which has noted a sharp increase in the number of COVID-19 infections and hospitalizations throughout the state. The mask mandate affects everyone over the age of two, although businesses may require proof of vaccination in lieu of a mask.
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NY Employers Now Required to Inform Employees of Electronic Monitoring
Under a new law set to take effect next May, employers in New York State would be required to inform employees in advance if they intend to engage in electronic monitoring of their workforce. This law, S2628, will have a substantial effect on employers that use various technologies to monitor their employees’ electronic communications, who currently do not need to tell their employees if they do so. Employers who violate this law may find themselves subject to investigation and fines by the New York Attorney General’s (AG’s) office.
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