Many employers have policies that prohibit employees from using the company email system for purposes that are not work related. In 2007, in a case called Register Guard, the National Labor Relations Board (“NLRB” or “the Board”) considered a challenge to such a policy on grounds that such a prohibition amounted to an infringement of the...Read More

If you are an employer who purchases background checks for employment purposes, then a new Technical Assistance Document (TAD) issued on March 10, 2014, is a must-read for you.  The Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) joined together to issue informal guidance regarding the legal pitfalls employers face when making personnel...Read More

[vc_row][vc_column][vc_column_text] The U.S. District Court for the Middle District of Florida recently denied a National Labor Relations Board (NLRB) Regional Director’s petition for an injunction against a national transportation company because the NLRB did not demonstrate that the alleged unfair labor practices caused employee support for the Union to decline to the point where awaiting...Read More

For employers in the Seventh Circuit, the battle against FMLA abuse just got a little tougher. In Ballard v. Chicago Park District, the Seventh Circuit adopted an extremely broad reading of what it means to take leave to care for the employee’s covered family member. Specifically, an employee’s vacation to Las Vegas with her ill...Read More

The NLRB recently announced that it will not seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. The Notice Posting Rule would have required most private sector employers to post a notice in a prominent location explaining to workers their rights to join a union and bargain collectively....Read More

[vc_row][vc_column][vc_column_text]The explosion in social media use over the last decade has catalogued a treasure trove of easily accessible personal information online.  As it relates to screening job applicants, this information can sometimes contain harmless details regarding individuals, such as favorite sports teams, movies, or music, and otherwise useful information, such as confirmation of education and...Read More

Many employers do not realize that paying an employee a fixed salary does not necessarily mean the employee is exempt from overtime protection under state and federal laws. Being paid a salary is not the same as being exempt. Exempt employees are not covered by, or are “exempt” from, overtime protection. When exempt employees work more than...Read More

Kahn, Dees, Donovan & Kahn, LLP (KDDK) has hired Patrick C. Thomas as an associate attorney.  He was sworn in during an Admission Ceremony held today in Indianapolis. Patrick C. Thomas (Pat) has joined KDDK as an associate and serves on the firm’s Litigation and Trial Services practice team.  Pat is licensed to practice law...Read More

Under the Patient Protection and Affordable Care Act (PPACA or Affordable Care Act), employers that are subject to the Fair Labor Standards Act are required to provide a new notice to employees.  Notice to Employees of Exchange Coverage Options   A “Notice to Employees of Exchange Coverage Options” must be given to inform employees of...Read More

[vc_row][vc_column][vc_column_text]With advances in technology, managing employees’ use of social media in the workplace can be tough.  Managing employees’ use of social media outside of the workplace can be even tougher.  The next time an employee walks into your office to report inappropriate social media content published by another employee, start your investigation with the “5...Read More