Employment Law

Social Media Background Checks and Job Applicant Rights

Whether you are an employee looking for a new job or an employer screening your applicants, it is important to understand the law related to social media and background checking. With the rise of Facebook, Twitter, LinkedIn and other online social networking sites, employers have more access than ever to their applicant’s personal lives and contacts. But can an employer ever go too far? What rights do employees and applicants have related to social media and background checking?

Employers Are Now Responsible for Contract and Temporary Workers

The NLRB recently issued a decision that could significantly broaden liability for businesses that employ contract workers. Businesses that once evaded liability may now be on the hook for subcontractors, franchisee employees, and temporary employment agency hires.

The Charlotte Observer Reports on Impact of Landmark Flowers Foods Decision

The article highlights the importance to workers’ rights of a groundbreaking ruling obtained by Baillon Thome Jozwiak & Wanta attorneys in a case in federal district court in North Carolina. The court held that employers in North Carolina may not require workers to waive claims under the North Carolina Wage and Hour Act (NCWHA) as part of a general release of claims.

Case Proceeds to Trial in Wage and Hour Litigation Against Flowers Foods

Distributors of bakery products for Flowers Foods, Inc., and its local North Carolina subsidiary scored a major victory in their wage and hour case against the company. This case is the first of over 15 related cases proceeding against Flowers Foods throughout the United States regarding the company’s classification of its distributors.

Sexual Orientation Discrimination Illegal Under Title VII

In a groundbreaking turnaround, the EEOC has ruled that sexual orientation discrimination is illegal under Title VII, effectively declaring discrimination against the LGBT community unlawful in all 50 states. The EEOC had previously found that Title VII protected transgendered employees on the basis of gender identity, but this new ruling gives further protection, prohibiting any discrimination on the basis of sex, including sex stereotyping.

Relationships in the Workplace?

While many employee handbooks prohibit or frown upon interoffice romances, do companies really have the right to intervene on private relationships? Some companies believe that office romances, even secret affairs, can pose a risk to the company. But, what are the rights of employees when it comes to office romance? What happens if an employee gets fired for dating a co-worker? What happens if a relationship or break-up leads to a hostile work environment?

Signs of Age Discrimination in the Workplace

Age discrimination runs rampant in today’s workforce, but it may not be clear whether you have a valid legal claim and a right to compensation. If you believe you are experiencing age discrimination in your employment, how can you prove it? Remember that age discrimination can take many different forms. The following 5 signs of age discrimination in the workplace are examples of evidence our employment lawyers often see in their cases.

Appeals Court Reinstates Retaliation Lawsuit of Sexual Harassment Victim Advocate

Many employees are concerned about reporting sexual harassment claims or sexually harassing acts because of the risk of retaliation. Facing the aggressor, getting demoted, or even termination are real fears for anyone who has suffered sexual harassment in the workplace. Fortunately, Minnesota and federal laws protect victims of sexual harassment against retaliation and their advocates.

“Day Rate” Employees and Overtime Violations

Wage and hour violations can cost workers thousands of dollars in rightful overtime pay every year. There are many ways employers seek to skirt state and federal wage laws to deprive their employees of overtime. Some cases involve misclassification, which can arise in specific industries, including the oil, gas, refinery, and maintenance industries. Other employers are in violation for improper calculation of overtime, paying employees with prepaid cards, or flat refusal to pay overtime.

DOL Proposal to Overhaul Overtime

The U.S. Department of Labor (DOL) has proposed significant changes to federal overtime regulations that will increase the rights of workers. Under the proposed rules, the salary basis needed to qualify for white collar exemptions has more than doubled. This means that more employees will be entitled to overtime pay, including administrative, executive, and other “white collar” professionals.