Tag Archive: Around the Web

Nov 11

Attention Students: Upcoming Writing Competitions

Any student who has written about a Labor or Employment law topic should check out these upcoming writing competitions. For the rules and regulations please see the individual competitions’ websites.

The Dr. Emanuel Stein and Kenneth D. Stein Memorial Writing Competition
New York State Bar Association Labor and Employment Law Section:
Deadline: December 5, 2014
Topic: ANY L&E law topic.
Contact: Beth Gould – bgould@nysba.org
More Information Here

Louis Jackson National Law Student Writing Competition in Employment and Labor Law Deadline: January 20, 2015
Topic: Any topic relating to the law governing the workplace, such as employment law, labor law, employee benefits, or employment discrimination.
Contact: Professor Martin H. Malin – mmalin@kentlaw.iit.edu
More Information Here

The College of Labor and Employment Lawyers and the American Bar Association Section of Labor and Employment Law Annual Law Student Writing Competition
Deadline: May 15, 2015
Topic: Any aspect of public or private sector labor and/or employment law relevant to the American labor and employment bar.
Contact: Susan Wan – swan@laborandemploymentcollege.org
More Information Here

Apr 10

France to Ban Work Email After Work Hours

A new labor union agreement in France mandates that employees must ignore their bosses’ work emails once they are out of the office and relaxing at home – even on their smartphones. The Guardian reports that France has outlawed employees from reading or responding to “work-related material on their computers or smartphones” after they clock out for the day. This regulation is in response to workers in the tech industry complaining about feeling pressured to be constantly available outside of their 35 hour workweek. According to The Guardian, this will mainly affect over a million employees in the technology and consultancy sectors, including the French outposts of Google, Facebook, Deloitte and PricewaterhouseCoopers.

If you read french, click here to read a discussion of this and the regulation. If you prefer to read about it in English and after 6pm, click here.

In today’s global economy, is it realistic to ban work email after-hours? Does “after-hours” even exist? These questions are all an outgrowth of this legislation, and while the thought of disconnecting and shutting down is appealing, do you think this regulation is a good idea?

Update: the labor agreement actually does not actually prevent checking emails after 6pm, because the class of workers covered by the agreement are paid based on days worked, not hours. So, the “obligation to disconnect communications tools”, applies only after an employee has worked a 13-hour day. Still, we wonder if this is the best way to help worker’s create a work life balance. More from The Economist here.

Mar 13

Around the Web: March 13, 2014

It might be 19˚ here in New York, but spring is almost here! With the change in seasons, there are a whole host of new issues coming down the pipeline. We are counting down the days until the Title VII at 50 Conference, and have put together a selection of current events that show just how relevant Title VII is today.

First on the list is President Obama’s call to update the minimum salary threshold and revamp overtime rules to expand overtime for salaried employees. This directive is expected to be announced via executive order today, read this before the announcement!
*Update from the New York Times*

Our own Professor Gregory is in the final stages of preparing a paper on Fisher v. University of Texas, and the far-reaching implications that the Supreme Court’s decision may have on diversity. The Wall Street Journal posted an interesting report on the challenges schools face to increase or maintain diversity. Read it and then let us know your views at the Title VII conference. H/T to Brendan Bertoli for this!

Going along with the Title VII theme, activists fighting the employment discrimination faced by the LGBT community are renewing a push for federal legislation that would prohibit anti-LGBT workplace discrimination. The Employment Non-Discrimination Act did not pass, but activists are hopeful that the president will issue an executive order circumventing the Congress. Click the link for an article framing the necessity of an anti-discrimination initiative.

The Ministerial Exception is making news with a recent case about a gay school administrator fired from a Catholic school. Read the links here, here and here about the issues this case is bringing up.

The EEOC has issued new guides to religious accommodations in the workplace. The documents, titled Religious Garb and Grooming in the Workplace: Rights and Responsibilities and an additional fact sheet, gives a guide to when and how employers must accommodate employees’ religiously based requests on clothing, religious dress, head coverings, hair styles, and facial hair. These sheets provide a cheat sheet of the basic requirements of Title VII and provide case specific examples.

What news stories are on your radar? Let us know what you’re thinking in the comments, and don’t forget to mark the Title VII at 50 conference (April 4-5) on your calendar!

Jan 08

Around the Web – New Year’s Edition!

4950670414_8b5205edc5_mHappy New Year and welcome back to the blog! 2014 started with a bang and promises to be a great year! We are especially excited about the upcoming Title VII at 50 Symposium taking place April 4-5 2014. The year is young but there are already lots of stories on our radar!

Social Media is sure to be a hot topic again this year as employers explore the boundaries of monitoring employees and investigating prospective employees online. This article explores a study where researchers found essentially zero correlation between an applicant’s facebook profile and their actual job performance. Some food for thought next time you want to check out a potential hire online!

A hint of good news for the year ahead? Hiring in the private sector increased in December, says a new report. Private-sector payrolls added over 200,000 positions in December, mainly in manufacturing and construction. The benefits and wages are other topics that will garner attention this year. The Senate voted on Tuesday to advance a three-month extension of unemployment benefits that expired over the holidays and resume negotiations on the long term outcome of the benefits. Many states, including New York, have increased their minimum wages effective December 31, and many more are considering increases in the year ahead.

Fitness is always a hot topic in the month of January, but for some female Marines increasing their arm strength was more than just a New Year’s resolution, it was a job requirement. Starting in 2014, all female Marines were supposed to be able to do at least three pullups on their annual physical fitness test and eight for a perfect score. When Only 45% of the women tested could do the 3 pullups, the Marine’s delayed the implementation of new standard. This article explores the requirements and minimum qualifications that women hoping to be trained for combat must meet.

Happy New Year and make sure to add your name to the list for information about the Title VII at 50 Symposium here!

Oct 29

Around the Web – Halloween Edition

Happy Halloween!

Happy Halloween!

If your costume and your recipe for witches brew are all ready for Thursday, you might think you’re all set for Halloween! Although this mostly secular (and highly commercialized) holiday may seem like an excuse to eat candy all day, some employers have discovered the pitfalls of celebrating this holiday in the workplace. There have been Title VII cases brought on behalf of employee’s whose religion does not permit them to celebrate this holiday. This case involves the Title VII claim of a Jehovah’s Witness who was asked to participate in a Halloween carnival despite her religious beliefs. Some Christian sects do not celebrate Halloween in protest of the holiday’s pagan roots.

The importance of sensitivity to religious observance is a hot topic lately. This article from the Wall Street Journal highlights the importance of sensitivity to religion in the workplace and the rise of religious discrimination claims. Read the article here.

A key point for employers and managers is to remember that if someone does not want to participate in Halloween festivities, do not make them. Here’s a refresher of EEOC guidelines on religious discrimination.

If you do celebrate, submit your costume to the Above the Law costume contest and check out FindLaw’s tips for a spooktacular Halloween!

Halloween bonus: A scary story… a messy office could earn you fines from the Department of Labor, just ask Rebecca Minkoff.

Happy Halloween!

Sep 03

Around the Web – Labor Day 2013

In honor of the end of summer and Labor Day, the STJCLEL Blog brings you a special edition of Around the Web. Here is a compilation of interesting links and articles to invigorate your work day!

Labor Contract Negotiations are coming to New York City
New York’s Next Mayor Faces Union Showdown
With the end of Mayor Bloomberg’s term approaching, NYC braces for the renegotiation of all union contracts with the city. This article outlines the uphill battle that may or may not be ahead of the city, and how these negotiations could set an example for other state and local governments around the country.

NLRB launches APP
The NLRB app (for iPhone and Android) provides information regarding their rights and obligations under the National Labor Relations Act. Read the press release here, or just check out the app for yourself through ITunes or Google Play.

The History of Labor Day
If all you know about Labor Day is that it is the last acceptable day to wear white pants, read this primer from the Department of Labor to catch up on the origins of the holiday. Next, read this assessment of the current working conditions.

Enjoy the week! Leave anything of interest that we might have forgotten in the comments!