This is what we Thought Would Happen to Certain Minimum Salary Rules: During 2015-16, the US Department of Labor (DOL) made some changes to the Fair Labor Standards Act (FLSA) Salary Tests. The then-current minimum salaries for employees … Continue reading →
September 6th, 2017 by MOswald | Tags: Minimum Salary Rules, overtime exemptions, salary thresholds
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Risk Management, Uncategorized | No Comments »
Uber is spending a lot of management time and money these days dealing with complaints from multiple U.S. Federal Government Agencies. The National Labor Relations Board (NLRB) is investigating Uber for alleged unfair labor practices. The battle is over … Continue reading →
August 29th, 2017 by MOswald | Tags: comprehensive privacy program, FTC, time management
Articles, Attorney - Client Relationship, Compliance, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Litigation, Non-Disclosure Agreements, Risk Management, Uncategorized | No Comments »
One of the best (and most affordable) risk management tools available is the clear, concise, written business agreement. What’s not to like about oral (i.e., unwritten) agreements? Let us count the ways: 1. Unenforceability. Some aren’t even legally … Continue reading →
August 22nd, 2017 by MOswald | Tags: legally enforceable, Oral Agreement, Risk Management
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A well-known Silicon Valley company got caught in media firestorm last week when it fired an employee for what he posted on an internal (i.e., non-public) “Suggestion Box” discussion forum. I use the word “caught” advisedly. It appears the … Continue reading →
August 15th, 2017 by MOswald | Tags: dispute resolution, forum, internal discussion forum, rules of engagement
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Before you hire your first (or next) employee, really take the time to write a great job description for the position. A great job description, by the way, is one that spells out (i) the essential job functions, (ii) reporting … Continue reading →
August 8th, 2017 by MOswald | Tags: essential job functions, job description, litigation
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Many small businesses are closely identified with the founder or founders who have operated them for many years. This is especially true when it is a solo founder who is also the very public face of the company. This … Continue reading →
August 1st, 2017 by MOswald | Tags: buy-sell agreement, emergency communication plan, Management continuity plan, Operating Agreement, succession plan
Attorney - Client Relationship, Contracts, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Risk Management, Uncategorized | No Comments »
Does your company have a policy that forbids employees to disclose their wages to each other? If so, please get help understanding the requirements of the National Labor Relations Act (NLRA). Section 7 of the Act gives all employees, not … Continue reading →
July 25th, 2017 by MOswald | Tags: disclosing wages, employee rights, employer violations, NLRB
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Today’s post was prompted by a gem from our friend Eric B. Meyer of The Employer Handbook. His post is here: https://www.linkedin.com/pulse/dont-let-exceptions-your-work-rules-make-become-exception-eric-meyer The employer in question (the Delaware River & Bay Authority) appears to have had a reasonable hiring … Continue reading →
July 18th, 2017 by MOswald | Tags: discrimination, discrimination-free workplace, Hiring procedures, job description
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Uber’s CEO Travis Kalanick lost his job following an internal investigation into allegations of sexual harassment at the company. Roger Ailes of Fox News met a similar fate after an internal investigation following high-profile sexual harassment suits filed by … Continue reading →
July 11th, 2017 by MOswald | Tags: anti-harassment, harassment, policies and procedures, sexual harassment
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Cybersecurity has been a serious business concern for several years now. It doesn’t seem to be getting any better despite a wide range of efforts to combat the bad guys. In fact, according to the Ponemon Institute’s 2017 Cost of … Continue reading →
June 28th, 2017 by MOswald | Tags: Cybersecurity, cybersecurity insurance, data security breach
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