United States: Concerted Activity Is Not Necessarily Protected: The NLRB Weighs In On Terminated Employees’ Facebook Comments

In November 2013, a National Labor Relations Board (NLRB or Board) administrative law judge (ALJ) found that two employees of a nonprofit youth center engaged in concerted activity when they discussed their workplace concerns via Facebook. Richmond Dist. Neighborhood Ctr., NLRB ALJ, No. 20-CA-91748, 11/5/13, previously reported here. The NLRB recently affirmed the ALJ’s decision, holding that while the Facebook chatter was concerted activity, it was not protected under the National Labor Relations Act […]

By | November 4th, 2014 ||

United States: No Matter Where Employees Come From, You Can’t Ignore California Law For Work They Do In California

A Silicon Valley-based printing technology firm brought over employees from India and paid them their normal wages for the work they did in California. As reported on BBC News, Electronics for Imaging brought over 8 employees, worked them 122 hours in a week, and paid them $1.21 per hour, with no overtime. Plus it paid them in rupees.

This isn’t the first time that a company brought employees into California and paid them as if […]

By | November 4th, 2014 ||

United States: Employers Beware: Legal Recreational Use Of Marijuana May Be Expanding

Next week, residents of Oregon, Alaska, and Washington, D.C. will vote on initiatives to legalize the sale of recreational marijuana, reflecting a nationwide trend toward legalization. Given these and similar initiatives in other states, employers will face new challenges in managing their workforce. Policies implicated by these new laws are as varied as disability accommodation under the Americans with Disabilities Act, drug testing, pre-employment background checks and zero tolerance programs.

To read the full article, […]

By | November 3rd, 2014 ||