Employers need to be able to protect their brand and their customer base—so when Jimmy John’s sandwich shop wokers posted signs in some stores insinuating that the company’s sandwiches were germ-ridden, Jimmy John’s swiftly fired fired six of the masterminds behind the flyers. If you denigrate the company, you have no right to remain on… More
Fox 5, 7:30 tomorrow morning
MD, VA and DC people – I will be on Fox 5 tomorrow morning discussing the NFL’s collective bargaining agreement. Wish me luck!
Employer Lawfully Terminated Disabled Employee for Inappropriate Conduct
Employers are often — perhaps with good reason– hesitant to take drastic disciplinary action against a disabled employee for fear that the employee will sue for discrimination. While the Americans with Disability Act (ADA) and other similar state and local laws prohibit unfair treatment of the disabled, the laws still permit employers to take justified… More
Be Proactive to Avoid FLSA Class and Collective Actions
Smart employers live in fear of a Fair Labor Standards Act (“FLSA”) class or collective action. How does this play out? One employee is fired and his lawyer realizes that the employer failed to comply with the (incredibly difficult and confusing) wage and hour laws. The lawyer realizes his client is probably not the only… More
The Power Conference- Women Doing Business — August 28 at the Bethesda, MD Marriott
Let me if you would like to attend The Power Conference: Women Doing Business on August 28 at the North Bethesda Marriott- limited tickets are still available. I’ll be speaking on Social Media. Katty Kay, news anchor for the BBC is the Keynote. There are already over 600 people coming– join the fun and make… More
Federal Government Finds the FLSA Tricky, Too
One of the most common complaints we hear from employers is that it is almost impossible to get everything right under the Fair Labor Standards Act (FLSA). Fear not, private employers, you are not alone in your confusion. The Court of Federal Claims recently ruled that the Federal government violated the Fair Labor Standards Act… More
Banning the Box: A Gray Area for Employers?
According to recent reports, roughly one in four adults has a criminal record. As such, the momentum in support of “ban the box” legislation—i.e., legislation that restricts an employer from including a little check box on a job application asking, “Have you ever been convicted of a crime?”—continues to grow. On July 14, 2014, the… More
Navigating the Maze of Employee Complaints
If you are local, please join me and Independent Benefit Services as we discuss what to do when someone complains: http://www.shulmanrogers.com/media/event/159_Employee%20Complaints%20-%20Seminar%20-%20MSC%20-%20September2014.pdf Employers face a potential legal minefield when dealing with employees who report allegations of discrimination, harassment or other workplace taboos. The laws in this area are complex, and employer missteps in dealing with these… More
Article on Social Media Talk At APCO
“Campbell outlined some of the most salient aspects of social-media law—a legal area that is still developing—and used some real life examples to demonstrate the complications of social-media law, as well as the serious ramifications for public-safety employees posting comments and pictures.” http://urgentcomm.com/legislation/clear-social-media-policies-can-help-public-safety-agencies-avoid-costly-litigation?NL=UC-13&Issue=UC-13_20140806_UC-13_441&YM_RID=mhiggs@shulmanrogers.com&YM_MID=1480319&sfvc4enews=42&cl=article_2_b
BACKGROUND CHECK LAWSUITS ON THE RISE
The Fair Credit Reporting Act (“FCRA”) requires that employers take certain steps before they ask a “consumer reporting agency” to run a background check on applicants or current employees. What does this mean? Employers who use background checks often must first give applicants and employees written notice that they will obtain a consumer report, get… More