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Author Archives: MOswald

The Old Salary Thresholds for OT Exemptions Still Apply

Posted on September 6, 2017 by MOswald

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 →

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Uber Gets Dinged by the Federal Trade Commission, Too!

Posted on August 29, 2017 by MOswald

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 →

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Oral Agreements Are a Risk Management Nightmare!

Posted on August 22, 2017 by MOswald

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 →

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Risk Management Suggestions for Suggestion Boxes

Posted on August 15, 2017 by MOswald

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 →

Posted in Articles, Compliance, Employment, Employment Contracts, Fundamentals, General, In-house Counsel, Intellectual Property, Risk Management, Strategy, Uncategorized | Tagged , , , | Leave a comment

Five Great Reasons to Write Great Job Descriptions

Posted on August 8, 2017 by MOswald

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 →

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Don’t Let the Sudden Loss of a Founder Kill the Company

Posted on August 1, 2017 by MOswald

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 →

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Is Your Company Violating the National Labor Relations Act by Forbidding Employees to Compare Pay?

Posted on July 25, 2017 by MOswald

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 →

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Have a Policy for Making Exceptions to Your HR Policies!

Posted on July 18, 2017 by MOswald

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 →

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Tone at the Top is Vital for Preventing Sexual Harassment!

Posted on July 11, 2017 by MOswald

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 →

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Cybersecurity – Think about it before you sign a contract!

Posted on June 28, 2017 by MOswald

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 →

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