It’s late afternoon. You call a three-month employee into a small conference room – along with two managers – for a talk about his attitude. He complains that he and his coworkers aren’t paid enough,
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DLA Labor Dish Editorial Board
Secondment Guessing?
Often, it makes practical sense to send an experienced worker from his/her home country to another country rather than engage an independent contractor or hire a new employee in that destination country. This is precisely…
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Why Private Equity Funds Face Employment Risks
Suddenly, the advance sheets show a wave of litigation targeting private equity funds. See, e.g., Guippone v. BH S&B Holdings LLC, 737 F3d. 221 (2d Cir. 2013) (private equity funds potentially liable for WARN…
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Background Checks: Ban The (Procrustean) Bed?
Question: What does Edward Snowden (N.S.A.’s infamous document leaker) have in common with Aaron Alexis (who shot 12 people at the Washington Navy Yard last fall)?
Answer: Their employers’ background check said it would be…
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The A, B, C’s of EEOC
You’ve found yourself in an EEOC mediation, with a charge that should not be particularly worrisome. But now, your supposedly neutral mediator is shaking his head and reporting that you can almost certainly expect to…
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You’re Known By The Company You Keep: Leased Employees
All too often, business executives assume that “leased employees” (i.e., workers hired through a professional employee organization; through a temp agency or labor broker; or provided by a contractor but performing on premises…
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Tactics In Addressing Union Information Requests
‘TEN-HUT, unionized employers! In the 21st century, information requests mean battle.
Sometimes, information requests are simple and short. Other times, they are 35 pages long with 150 separate requests, 12 subparts each, including everything but…
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Drawing Lines More Nice Than Obvious: Unpaid Internships and Twerking
If you’ve skimmed internet news in the last 4 months, you’re aware of two scary trends: (1) twerking and (2) interns filing class actions for unpaid compensation against publishers, entertainment companies, fashion houses, and other…
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Bespoke Tailoring Or Off-The-Rack Misfits For Arbitration Systems?
Much has been written following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion, 563 U.S. ____, 131 S. Ct. 1740 (2011); Oxford Health Plans, LLC v. Sutter, 569 U.S. ____, 133 …
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The UNEMPLOYED – A Protected Category Coming To a Jurisdiction Near You
It is now illegal in New York City for employers to discriminate against job applicants based on their employment status. This June 2013 amendment to New York City’s Human Rights Law (“NYCHRL”) — a law…
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