May 2013

The topic of misclassification of employees as independent contractors is one that is getting a lot of attention from government agencies at the state and federal level.  Some commentators have suggested that as long as an individual has set up a corporation, through which he/she is paid for his/her services, that individual will safely be

If an employee asks for time off from work rather than pay for overtime hours worked, can a company grant this request?

It depends.  Generally, overtime is due whenever an employee who is not overtime exempt works more than 40 hours in a workweek.  (A few states require the payment of overtime if an employee

Yesterday, the U.S. Court of the Appeals for the Third Circuit held that the NLRB lacked jurisdiction to take action where it lacked three Board Members who had been properly appointed.  In NLRB v. New Vista Rehabilitation and Nursing, a majority of the panel held that President Obama’s appointment of Craig Becker to the

A departing employee accesses the company’s computer system on his way out without authorization and takes data.  What remedies can the company pursue?

The company can contact law enforcement officials, as that conduct likely constitutes a crime.  In addition, the company can file a civil complaint in court against the ex-employee, asserting claims such as

What should a company consider in deciding whether to engage in electronic workplace monitoring of employees?

Companies, concerned with the abuse of workplace technologies, are increasingly considering electronic monitoring programs.  Motivating considerations include the prospect of liability for sexual harassment lawsuits arising from inappropriate emails or web site usage, concerns about employee transfers of proprietary