Labor & Employment PracticeThe Seventh Circuit Court of Appeals ruled last month that a Wisconsin town did not violate a local union’s First Amendment rights when it required the union to remove a giant inflatable rat staked to a public highway median. The appellate court held the cities’ zoning ordinance, which banned all private signs on public rights-of-way, allowed the city to deflate the rat without running afoul of the First Amendment.
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Scabby the Rat Finally Gets Popped Posted on: March 22, 2019 In: Labor & Employment
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In Like a Lion: An Employer’s Guide to Handling Inclement Weather Posted on: March 20, 2019 In: Labor & EmploymentEven though it’s March, we’re not out of the woods yet in terms of having to deal with inclement weather. As the Midwest experiences historic flooding, it is reminder that bad weather is always an issue, no matter where you live or what time of year, and now is as a good a time as any for employers to review their handbooks and determine whether they have effective (and compliant) inclement weather policies in place. Here are six things to consider when drafting or updating your inclement weather policy.
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Double Whammy! Handling Overlapping Employment & Criminal Investigations Posted on: March 18, 2019 In: Labor & EmploymentIt is a situation all employers hope to avoid—alleged criminal misconduct in the workplace. However, if this happens, employers must be prepared to juggle both the civil and criminal actions. Here are five tips for dealing with concurrent investigations.
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After-Acquired Evidence: The Importance of Documenting Employee Misconduct Posted on: March 15, 2019 In: Labor & EmploymentOften, employers do not learn the extent of a former employee’s misconduct until after the employer ends the employment relationship or the employee resigns. This information may be useful if the former employee pursues litigation against the employer because it can be used as the basis for asserting the after-acquired evidence defense.
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FLSA Double Time Posted on: March 12, 2019 In: Labor & EmploymentLast week, the Wage and Hour Division of the US Department Of Labor issued a 219-page Notice of Proposed Rulemaking (NPRM) and accompanying FAQs regarding the regulations defining who is a “white collar” overtime exempt employee.
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Settling Sexual Harassment Cases Post-‘Me Too’: Three New California Laws You Need to Know Posted on: March 11, 2019 In: Labor & EmploymentThe “Time’s Up” and “Me Too” movements have sparked societal change in many ways, including in our legal system. In response, the California Legislature quickly enacted several new laws aiming to deter the quieting of sexual harassment claims. Here are the three news laws employers should consider when resolving sexual harassment claims.
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Collect Call-in? Posted on: March 07, 2019 In: Labor & EmploymentMany employers ask that their employees be “on-call.” This usually means the employee is required to make a quick call to check-in to see if they have to come in to work. Most employers assume they don’t have to pay wages for that call, but in California, that widely held belief may be changing.
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Writ-sy Business: The First Steps to Take Before Challenging a Trial Court Order & Filing That Writ Posted on: March 05, 2019 In: Labor & EmploymentYou’ve obtained an unfavorable trial court order, but you have no right to appeal. If you are in California, you are likely not without some relief. While each jurisdiction has its own unique process and law, in California, you can use a procedural device called a writ.In this post, we address a few key considerations in pursuing a writ, with a focus on the usual process for writs in the Appellate Division of the California Superior Court.
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4 Tips to Get the Most Out of Your Payroll Company Posted on: February 28, 2019 In: Labor & EmploymentPayroll companies are often an invaluable resource in operating your business, but they can also be a source of frustration or, in the worst case scenario, potential legal exposure. Having worked with clients to help resolve payroll issues or defend litigation relating to payroll processing, we have a few helpful tips to ensure that your business is getting the most out of your payroll company and securing compliance with applicable employment laws.
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Non-Competition Agreements 101 Posted on: February 25, 2019 In: Labor & EmploymentWhether you’re a company leader worried about a valued employee resigning to join a competing business, or an employee concerned about your ability to continue working in your field of choice for several years, non-competition agreements affect your choices, career decisions, and long-term plans. Both employers and employees should be mindful about any agreements they enter into that may affect post-employment rights.
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Protecting Your “Secret Sauce” Posted on: February 25, 2019 In: Labor & EmploymentYou’ve got certain stuff in your business that sets you apart from your competitors. When I speak with clients and friends about my area of legal practice, I usually refer to this stuff as a company’s “secret sauce.”
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Welcome to The Grindstone, Lewis Brisbois’s Labor & Employment Blog Posted on: February 25, 2019 In: Labor & EmploymentIn this day and age, we demand information at our fingertips, and expect answers that will guide our decisions within seconds. When running a business, this desire is even more pronounced, as one is often faced with situations that require quick, but well-informed, decisions. And with literally millions of sources that purport to provide you with accurate information, how are you to know what information you can trust?
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