Say What?

No, you cannot force your employees to only speak in English. Sure, if they need to talk to customers, or if they need to convey important safety-related information between each other, you can absolutely require that those discussions be conducted in English. But while passing time in the break room? No, you cannot force employees …

Dreamers, Nightmares, I-9 Forms, DACA and ICE

Like a good horror movie, complying with US immigration laws can seem like a nightmare. in The  Immigration Reform and Control Act of 1986 (“IRCA”) requires every employer to verify the eligibility of most of its workers. The “most” part might be startling to you? Yes, most and not all. If you have someone on your payroll …

National May Day – is it a strike, or a swing and a miss?

Perhaps you’ve heard that “May Day” 2017 is shaping up to be one of the most heavily participated labor events in recent memory. Before it happens, then, you need to know what is and is not considered “protected concerted activity” under the National Labor Relations Act (“NLRA”). First and foremost – you do not need …

Packing a Punch(tuation)

You’ve probably seen clever musings about the need for commas. “Let’s eat, Grandma!” versus “let’s eat Grandma” goes from joyful to dreadful, all for want of a lowly comma. In O’Connor v. Oakhurst Dairy, the lowly comma brought down a giant. Maine’s overtime statute says that the employer doesn’t have to pay overtime for people …

It’s All About Perceptions

Generally speaking, if my boss decides that my job performance is unacceptable, I can be fired for poor performance. Pretty cut and dry. But what if my poor performance is outside of my control because I have some kind of disability? The Americans with Disabilities Act (“ADA”) prohibits discrimination against an employee because of their …

Being Both Wrong and Evil

Most of you know that employees are generally “at will”, meaning you can hire/fire an employee at your discretion. Except, of course, you cannot fire someone “because” they were too old, too pregnant, too… you get the idea, in a protected class. Likewise, you generally can’t fire someone for exercising their Constitutional right of free …