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This weeks news included advice to employers on tackling mobile device issues in the workplace while, on other fronts, Division I football players tackled labor laws. On Wednesday, the Chicago regional office of the National Labor Relations Board ruled that Northwestern University football players are employees under federal labor law and, therefore, can unionize. Northwestern University has announced plans to appeal, and well be monitoring this legal development and its implications closely. Meanwhile, employers continue to struggle with employees using mobile devices ...
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Earlier this month, President Obama directed the U.S. Department of Labor to update the federal overtime pay regulations by revising the salary component of the executive, administrative, and professional exemptions.  To qualify for these overtime pay exemptions (a.k.a. the white collar exemptions), employees must receive a minimum, guaranteed weekly salary of at least $455 and satisfy a duties test that requires them to primarily perform exempt-level tasks. The Presidents directive was aimed only at the salary component of the white collar exemptions. The currently ...

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Overtime pay is a big theme this week following President Obamas directive that the U.S. Department of Labor work to update the existing federal regulations on overtime pay. The most prominent change that is expected is an increase in the $455 minimum weekly salary that must be paid for an employee to be exempt from overtime pay requirements under federal wage and hour law.  Before any overtime pay change can be finalized, the Department of Labor must complete a rule making process that could take a year or longer.  Speaking of overtime, March Madness has begun once again.  Check out the links ...

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Across the country, federal government contractors are preparing to meet next weeks deadline for starting to comply with new affirmative action rules.  Last fall, the Office of Federal Contract Compliance Programs (OFCCP) announced new affirmative action rules related to individuals with disabilities and protected veterans.  Those new rules become effective next week on Monday, March 24, 2014.  Some of the new requirements imposed by the rules have a March 24th compliance deadline.  Others can wait until a contractor currently in the middle of its affirmative action plan ...

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Week after week, the blogosphere is full of discussions about new developments in the law involving social media. This week, the Equal Employment Opportunity Commission joined the conversation by holding a public meeting to discuss the interplay between social media and employment discrimination. The meeting provided helpful tips to employers, such as how to minimize the risk of a discrimination charge when conducting social media background checks. And, while we're on the topic, you can click on the link below to see if your social media policy is keeping up with all of the recent ...

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If you work in HR or Student Services for a college or university, you're likely well aware of the Campus SaVE Act and the fact that it has added a long list of items to your to do list. When the law was first passed a year ago, its March 2014 effective date seemed so far away. Time sure flies! Not only is the Act going into effect, the U.S. Department of Education recently issued draft regulations on the law. The regulations wont be final for some time, but they will provide additional guidance to institutions on complying with the Act.
The Campus SaVE Act amends existing law to promote ...
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Some things should be kept private. This week, the blogosphere provided several anecdotal reminders of this principle for both employers and employees. As we noted in an earlier post, one former employee learned the hard way not to violate a settlement confidentiality provision when his settlement unraveled as a result of a Facebook post. You can also read on below to learn more about the potential future of employee privacy law. Also, check out the link below about when and how employers can access an employee's social media account used for business purposes. Finally, we have ...

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Confidentiality clauses are a standard provision in most agreements settling an employment dispute. Last week, a former preparatory school administrator learned the hard way that these provisions matter to employers and that violating a confidentiality clause can be costly.

An appeals court in Florida ruled last week that a Facebook post made by the former school administrators daughter violated the confidentiality clause in his settlement agreement with his old employer. As a result, the former administrator forfeited $80,000 of his settlement. 

The former ...

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