When California’s Dynamex decision rolled out the “ABC test”, it placed the burden on the employer to prove independent contractor (IC) status. In a presentation at the Employment and Employee Benefits Forum in California, McDermott’s lawyers discussed the implications of Dynamex, as it applies to various types of employers as well as those using
NLRB
McDermott Predictions for 2015 on Employee Social Media Accounts
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Posted in Employment, Privacy and Data Security
In 2015, I predict an increased focus on employees’ rights regarding their personal social media accounts. Since 2012, individual states have enacted laws prohibiting employers from requesting access to their employees’ (or job applicants’) personal social media accounts. In 2014 alone, six states enacted such laws, bringing the total number of states with this type …
ALJ Finds Employee’s Facebook Comments Unrelated to Working Conditions are not Protected Under the NLRA
By McDermott Will & Emery on
Posted in Employment, Labor
by Stephen D. Erf, Heather Egan Sussman and Sabrina E. Dunlap
Two weeks ago, we wrote about a decision from an Administrative Law Judge (ALJ) (available here) finding that the National Labor Relations Act (NLRA) protected an employee’s Facebook comments made about his employer. Last week, an ALJ issued another decision involving social…
NLRB Releases Report on Social Media Decisions
By McDermott Will & Emery on
Posted in Employment, Labor
by Sabrina E. Dunlap, Stephen D. Erf and Heather Egan Sussman
In April 2011, we issued a blog post outlining some of the National Labor Relations Board’s (NLRB) decisions regarding employee use of social media (the post can be accessed here). In an effort to provide guidance on the issue, the Acting General …
NLRB Releases Poster For Posting By November 14, 2011
By McDermott Will & Emery on
Posted in Employment, Labor
by Heather Egan Sussman, Sabrina E. Dunlap and Stephen D. Erf
As an update to our previous blog entry, the National Labor Relations Board (NLRB) has released the private employer notice of rights under the National Labor Relations Act (NLRA). As of November 14, 2011, covered employers must post the 11-by-17-inch notice in a …
NLRB Issues Final Rule on Notification of Employee Rights
By McDermott Will & Emery on
Posted in Employment, Labor
by Stephen Erf and Heather Egan Sussman
The National Labor Relations Board (NLRB) issued a final rule requiring private sector employers to notify employees of their rights under the National Labor Relations Act. The Rule requires private sector employers who fall under the National Labor Relations Act to post the employee rights notice in conspicuous…
Companies Should Brace Themselves: It’s Going To Be Easier and Faster to Unionize America
By McDermott Will & Emery on
by Stephen D. Erf, Heather Egan Sussman and Sabrina E. Dunlap
Recently, the National Labor Relations Board (NLRB) proposed new rules purportedly intended “to reduce unnecessary litigation” and streamline pre- and post-election procedures. The bottom line is that these new rules, if adopted, will make it easier to unionize American workforces. One way the …