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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Computer Fraud and Abuse Act Does Not Extend to Employees Taking Company Data

Friday, 19 July 2013 10:15


A U.S. District Court in New York has determined the Computer Fraud and Abuse Act (“CFAA”) does not address claims related to employee misuse of business information obtained from a computer to which the employee properly had access. The court analyzed both broad and narrow interpretations of the statute, but concluded the CFAA should be applied narrowly. The court did not extend the CFAA to the removal of a company’s information by an employee through use of a flash memory drive on computer servers in an effort to surreptitiously rip information from the drives.


Anti-Alienation Not Applicable for Contested Claim

Monday, 15 July 2013 15:32


Employers should always obtain a general release from employees who are to be terminated. The value of the release to the employer was clearly displayed in this recent case out of the Seventh Circuit where a release of “any and all” claims was enforceable against the former employee’s claim for ERISA pension benefits. Mary Leigh Pirtle, an associate who specializes in this particular area of the law, explains.


Movie Production Interns Pave the Way for Overhaul of Unpaid Internships

Tuesday, 02 July 2013 15:20


The staple idea of an “unpaid intern” was dealt a blow recently when a federal judge ruled that an employer must pay its “unpaid interns” for all hours worked under the FLSA because the employer did not adhere to a new six-part test.  Although this decision arose within the entertainment industry, the decision is applicable to all industry fields. Robbie Crump writes about this landmark decision.


A Tip on Paying and Working Tipped Employees

Monday, 01 July 2013 10:01


Tipped employees, on a federal level, need only be compensated at $2.13/hr cash wage rate by their employer.  If the tipped-employee makes additional money, up to minimum wage, in tips over the course of the work week, the employer is off the hook for additional wages that week.  However, employers seem to be ignorant of the narrow window of duties they can require a tipped-employee to perform, and still be eligible for this $2.13/hr deal.  Should the employer mandate an employee to spend more than 20% of their time performing “non-tipped” duties, hourly wages must be paid.   Gina Helou has the details on a recent case of dual – tipped/non-tipped- employees and their collective action lawsuit.


Workplace Assault Results in NLRA Violation

Monday, 01 July 2013 08:43


The typical employer would probably equate the National Labor Relations Act with laws dealing with protecting union’s rights, pay and working conditions.  Protection against physical violence isn’t something that you would normally scan the Act for before you called the police, right?  Well, in typical NLRB fashion, the Board has once again expanded their jurisdiction to implications of simple criminal or civil misfeasance directed at unions.  Sean McLean explains.


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