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December 2015 Newsletter

So you think you’re ready to terminate an employee. Are you really? Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments. GETTING STARTED No. 1. Is the employee covered by a collective bargaining agreement? If so, make sure that whatever you do is consistent with the CBA. No. 2. Is there a relevant...
The United States Court of Appeals for the Second Circuit recently affirmed the National Labor Relation Board's (NLRB) decision in Three D, LLC d/b/a Triple Play Sports Bar and Grille v. NLRB, which held that Facebook "likes" and comments constituted protected activity under the National Labor Relations Act (NLRA). The Triple Play case is yet another example of the current NLRB's aggressive expansion into the nontraditional labor world. The NLRA...
You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime regulations will not be issued until late 2016, which was a shock for those who’ve been following this issue and expected a final rule to be imminent. Ms. Smith said that the main reason for the delay was that 270,000...
Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness programs and the Americans with Disabilities Act. Here are six quick takes on the GINA proposal. No. 1. It’s all about the spouse. The GINA proposal focuses primarily on the ability of an employer to provide inducements to...
Waiting is the hardest part.  Ever since the Department of Labor issued its proposal to substantially increase the minimum salary level needed to classify an employee as an exempt executive, administrative or professional employee, employers have been asking when the new rules will take effect. This is not an academic question: many organizations have long and involved budget and compensation processes, and need significant lead time to...
As I always say, “What do I know?” Based on the information I had, I felt that this should have been a summary judgment case for the Los Angeles Times. But the jury in Los Angeles did not agree. Law360 (and some of our readers – thank you!) reports that the jury came back with a verdict for former sports columnist T.J. Simers in his age and disability discrimination case of $7.2 million. Mr. Simers had originally sued for $18 million...
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