While the holiday season is supposed to bring joy and happiness, for many adults it also brings an enormous amount of stress. Lack of sleep and increased pressure at work and at home often causes tensions to run high and tempers to run short, which unfortunately can lead to increased confrontation and even workplace violence. Having proper workplace violence policies in place and ensuring that your employees are aware of places they can go to get help are crucial this time of year. Read more…
Monthly Archives: December 2019
As we look towards a new year it is a time for celebration, reflection and for remembering the continued commercial achievements intermingled with profound personal loss.
Challenges and opportunities lie ahead as the firm enters its fiftieth year of practice by continuing to serve our clients from our four offices in London, Dublin, Limerick and Cork.
Four years ago, we set out on a corporate journey with our partners, Ingenium Training & Consulting, entitled ‘HOMS 2020: Getting Ahead of the Curve’. Our practice has grown and developed. It has been a transformative process, guided by Dr. Hugh O’Donnell and his successor, Dr. James Ring, and inspired by the talent of our workforce.
As we come to a close on 2019 (and the decade), rainmaking expert and trainer, Jaimie Field brings us a very personal post that will also help you build your roadmap to kick off 2020 on the right note.
We are so close to the end of the year. But not only that, we are so close to the end of a decade.
On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil Procedure 68(a). This development may provide employers with a valuable strategic tool for use in FLSA cases, as least in the Second Circuit, allowing the parties to include terms in offers of judgment that the courts might disallow were court approval required.
Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a summary of all three considerations and includes steps to take to help mitigate risk, decrease instances of infringers and position your product for success from a U.S. perspective.
NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems
On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor Relations Act. The 3-1 decision in Caesars Entertainment Corp d/b/a Rio All-Suites Hotel and Casino, NLRB Case No. 28-CA-060841, overturns the Board’s 2014 decision in Purple Communications, which held that work rules prohibiting employees from using employer-provided email systems for union activity were presumptively invalid.
The Board Restores Balance in Collective Bargaining by Reinstating Employers’ Ability to Unilaterally Cease Dues Checkoff After Contract Expiration
Approximately four years ago, during the Obama Administration, the National Labor Relations Board upended decades of well-settled precedent by making it unlawful for employers to unilaterally cease dues checkoff after contract expiration. This week, the Republican-majority Board in Valley Hospital Medical Center, Inc. reversed that unprincipled departure from established precedent and restored balance and stability in collective bargaining negotiations.
On November 20, 2019, Rep. Tim Ryan (D-OH) proposed legislation that would require more small businesses to give their employees an advance warning before closing their doors.
H.R. 5205, the Fair Warning Act of 2019, which is supported by Sen. Sherrod Brown (D-OH) and Sen. Chuck Schumer (D-NY), would amend a 1988 law called the WARN Act (Worker Adjustment and Retraining Notification Act). The WARN Act currently requires employers to give 60 days advance notice to employees who may experience an employment loss due to a plant closing or mass layoff that effects 50 or more full–time employees at a single site of employment. An employer under the WARN Act must have at least 100 or more full-time employees. Read more…
It seems as though there is a minefield that employers must navigate to ensure that they fulfill their wage and hour obligations to their employees. Employers must somehow comply with overlapping and seemingly contradictory federal, state, district, county, and local requirements. The wave of civil actions that are filed against employers alleging wage and hour violations is not slowing. And given the potential financial consequences for non-compliance, illustrated in part by a $102 million award for technical paystub violations, meeting these requirements must be a priority for all employers.