Real Life Employment Law
Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.
This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.
We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.
Stephen D. Bell
Michael Droke
Joseph W. Hammell
Sarah Andrews Herman
Ryan E. Mick
William J. Miller
Melissa Raphan
Gregory M. Saylin
Gabrielle Wirth
David C. SingerBLOG CONTACT INFO
E: Wirth.Gabrielle@dorsey.com
P: 714.800.1455
One of the most frequently used tools by plaintiffs’ employment attorneys in New York is a claim for unpaid wages under Article Six of the Labor Law. By alleging a violation of Article Six, a plaintiff can pursue not only the recovery of any unpaid wages but also liquidated damages for one hundred percent of the unpaid wages, along with...
Nisha Verma, a partner in Dorsey ’s labor and employment practice, was interviewed about the implications of the recently passed federal tax and spending law, often called the “megabill.” Nisha explained, “This will change the lives of Americans, but exactly how still has to be examined,” noting the law’s rapid passage “happened overnight and on a holiday weekend.” She highlighted...
Since coming into office a little over four months ago, the Trump Administration has placed businesses on notice that it views certain actions intended to promote diversity, equity and inclusion (“DEI”) in the workplace as suspect and in violation of the anti-discrimination mandates of Title VII of the Civil Rights Act of 1964. Employment lawyers have been busy helping their...
As many of us review our busted brackets ahead of this weekend’s Final Four match ups, universities across the country are preparing for the imminent changes to the rules governing name, image, likeness[1] (“NIL) payments to student-athletes, including whether the immigration laws permit international student-athletes to receive such compensation. The National Collegiate Athletic Association (“NCAA”) historically has prohibited its member...
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. We will refer to these technologies as “AI Systems.” Recent reports indicate that 99 percent of Fortune 500 companies...
In the United States a complex interplay of federal, state, and local statutes, rules, and regulations has always shaped employment law. Politics and elections also play an important role in influencing the enactment and enforcement of the nation’s employment laws. With the imminent shift from the administrations of Joseph Biden to Donald Trump, employers can expect a new direction and...
Following a landmark NLRB ruling last year, the answer is yes. For the last several decades, the process for union recognition of an employer’s workforce was largely unchanged. In 1974, the United States Supreme Court decided Linden Lumber Div., Summer & Co. v. NLRB, which provided the conditions under which employer had to recognize a union. Under the Court’s decision...
Employers who wish to enter into non-compete agreements with their employees breathed a collective sigh of relief on August 20, 2024, when a federal district court struck down the Federal Trade Commission’s (“FTC”) new nationwide ban on non-compete agreements (the “Non-Compete Rule” or “Rule”). Although for now the Federal Trade Commission Act does not prohibit the use of non-compete agreements,...
It is common knowledge that employers have a vested interest in the confidentiality and discretion of their employees, especially in emerging or sensitive industries. Employers invest time and money into training employees on proprietary systems, expose employees to valuable trade secrets, and make employees privy to internal disputes that could be damaging if made public. Accordingly, it is common practice...
Although employers are welcome to support their employees’ ability to meet with their union representatives, they are not required to grant nonemployee union representatives access to their property to do so. In NLRB v. Babcock & Wilcox Co., the Supreme Court held that while employers may not restrict the right of employees to discuss self-organization amongst themselves, no such obligation is owed...
Erica ChenErica is an associate in the Costa Mesa office of Dorsey & Whitney and a member of the firm’s Labor and Employ...
Jack SullivanJack is a Partner in Dorsey’s Labor & Employment group, where he focuses his practice on employment adv...
Ieva AubinAs an employment and business immigration attorney, ...
Michael DrokeMike started his career as a client, not a lawyer...
Matt DurhamMatt defends employers in Utah and throughout the ...
Aaron GoldsteinAaron is a Partner in Dorsey’s Labor & Employ...
Josh HughesJosh’s experience spans trial and appellate advoc...
Jillian KornblattJillian is a Partner in Dorsey’s Labor & Employ...
Laura LestradeLaura began practicing at Dorsey in 1992 and has s...
Ryan MickFor more than a decade, Ryan has counseled corpo...
Nick PappasNick litigates and counsels with respect to com...
Melissa RaphanMelissa is a Partner in Dorsey’s Labor and Employ...
Gabrielle WirthEmployers turn to Gabrielle for guidance on how they...
