Skip to main content

What I've Been Reading This Week


Had a tough time narrowing down the articles I wanted to post this week.  One of my favorites dealt with how employers can avoid retaliation claims.  Some of the suggestions are common sense but often times those are the ones that employers do not even consider or simply forget about.

As always, below are a few articles that caught my eye this week.


Urban Outfitters Looking for Volunteer Workers

This note from The Hollywood Reporter has an interesting note on Urban Outfitters' request for weekend volunteers to staff one of its fulfillment centers in Pennsylvania.  As Urban Outfitters clarified in its press release (after the employee-only e-mail got leaked), the company was only allowing salaried employees to volunteer.  Apparently, no hourly employees would be allowed to volunteer "in order to ensure full compliance with all applicable labor laws and regulations."  Smart call.  And what do these salaried workers receive for volunteering?  Lunch and transportation to the fulfillment center.  Who said there's no such thing as a free lunch, huh??


Hiring Based On Appearance: Good or Bad Idea?

Robin Paggi has a very good article on whether an employer can (or should) make a hiring decision based upon how an applicant looks.  As Robin advises, it is important to review the relevant caselaw and statutes in a particular state first.  With that being said, she provides employers with a solid framework in which to consider when making this type of hiring decision.


Transit Benefits Coming to D.C. in January 2016

The Wage and Hour Defense Blog has an interesting note on a recent change in Washington, D.C., effective January 1, 2016.  By that date, covered D.C. employers (those that employ 20 or more employees) must offer their employees one of three qualified transportation benefits.  In essence, these employers will have to offer their employees a transportation benefit or risk a fine ranging from $50 to $2,000.00.  As the article points out, D.C. employers need to act quickly as this new law becomes effective at the start of next year.


Six Ways Employers Can Avoid Retaliation Claims

I always make an effort to read some of the blog posts over at the California Employment Law blog.  This is another good article for employers to review as Jeffrey Polsky offers six suggestions on how employers can avoid retaliation claims.  One of the better suggestions (and one that is often overlooked) is for employers to document everything.  Having a paper trail of documentation can come in handy, especially if the complained of conduct did not occur recently or employees who have knowledge of the situation have either left the company or simply do not remember.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per