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?”
Tag: labor law
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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New EEOC Guidance Allows Employees to Sue For COVID-19 Retaliation
The Equal Employment Opportunity Commission (EEOC) has just issued guidance, clarifying that employees can seek a legal remedy in the event they suffer retaliation for reporting COVID-19 related violations. This means that anyone who suffers employment discrimination for reporting employers that violate COVID-19 labor protections can file a complaint with the EEOC or pursue litigation in court, as appropriate. This guidance has upset some employers, who fear a wave of lawsuits for alleged COVID-19 retaliation.
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Advocacy Group Files Charge Against NCAA Over College Athletes
In a recently filed lawsuit, the College Basketball Players Association (CBPA) has accused the National Collegiate Athletic Association (NCAA) of violating Sec. 8(a)(1) of the NLRA “by classifying college athletes as student-athletes.” In so doing, the CBPA alleges the NCAA has illegally benefitted from the work of college athletes without giving them the income or benefits they would otherwise be entitled to. They have filed a charge with the National Labor Relations Board (NLRB) to have them investigate the issue, with the intent of changing the existing law.
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What is a Union Election, and How Can You Hold One?
A critical part of the process of unionizing is holding what is known as a union election. Without it, you cannot legally form a union in the United States, and you cannot move forward with negotiating with your employer collectively. But what exactly is a union election, and how do you go about holding one in your workplace?
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NYSDHR No Longer Discontinues Complaints After Private Settlements
The New York State Department of Human Rights (NYSDHR) has announced that it has stopped the policy of discontinuing complaints about labor and employment violations after the parties have reached a private settlement. Supporters of the change say that it will help to prevent future labor and employment abuses. However, critics of the new policy say that it will harm people’s ability to obtain private settlements, dragging out cases for months or years and encouraging more employers to go to trial.
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Can Employers Monitor Employees in the Workplace?
As technology has advanced, it has become more and more common for employers to electronically monitor employees in the workplace. In addition, the tools that employers have to monitor employees have become more sophisticated, allowing extensive tracking of an employee’s activities throughout the workday. But are there any limits on this authority, and what can happen when an employer crosses the line?
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Five Ways Employers Illegally Interfere With Labor Organizing
Suffice it to say that most employers do not like the idea of their workers unionizing. In order to prevent their workers from organizing a union, they will go to extreme lengths to sabotage labor organizing efforts, sometimes in violation of the law. Here are just five of the ways that employers will break the law when trying to stop a labor union from organizing: Continue reading “Five Ways Employers Illegally Interfere With Labor Organizing”
Four Types of Concerted Activity Protected Under the NLRA
The National Labor Relations Act (NLRA) protects individuals engaged in “protected concerted activity,” allowing them to legally fight for increased pay, better benefits, and improved working conditions. This concerted activity is essential for labor organizing, and thus these protections are a cornerstone of labor law. Here are five common examples of protected concerted activity, as defined by the NLRA: Continue reading “Four Types of Concerted Activity Protected Under the NLRA”
