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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Magnum, SMH

by FordHarrison on

Who could possibly sully the sainted memory of Thomas Magnum, fictional private investigator and iconic 1980s bon vivant? All 45 of these guys, apparently....more

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in...more

Board Blows the Whistle on Independent Contractor Status for NBA Video Production Crew

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the NBA season opener just over a month away, at least one team could be getting an unexpected influx of free agents. In Minnesota Timberwolves Basketball, LP, 365 NLRB No. 124 (2017), the Board...more

Public Official or Private Citizen? In Free Speech Cases, Courts Must Decide

by Ballard Spahr LLP on

First Amendment retaliation claims may be getting harder to pursue for state employees, as courts seem increasingly likely to view speech as part of the employees' roles as public officials rather than as private citizens....more

Ineligible Coach On The Field – Assessing Whether Restrictions Are Enforceable In Contracts

With the start of college football season around the corner, attention turns to off-season shake ups in coaching staffs. One controversial change involved defensive coordinator Robert H. Shoop. Shoop traded in his blue and...more

Labor Board Dunks On Employer’s Contractor Classification Attempt - NBA’s Timberwolves Foul Out In Front Of NLRB

by Fisher Phillips on

In a ruling sure to leave businesses and gig economy companies crying foul, the National Labor Relations Board concluded that workers producing electronic video display content for the NBA’s Minnesota Timberwolves were...more

HR issues that arise when natural disasters hit

by FordHarrison on

Natural disasters, like Hurricane Harvey, raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting...more

NLRB Finds Sports Team’s Electronic-Content Workers As Employees Eligible To Unionize

by Jackson Lewis P.C. on

The National Labor Relations Board has found the individuals who produce electronic content for viewing during professional basketball games are employees, rather than independent contractors. Minnesota Timberwolves...more

The Eclipse, Worker Safety and Triffids.

by Fisher Phillips on

The Eclipse, Workers Safety and Triffids. Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not...more

Solar eclipse guide for employers

by FordHarrison on

Today’s solar eclipse is expected to be an exciting, once-in-a-lifetime opportunity with people from all over flocking to the path of totality. While this will likely mean considerable economic benefits from tourism, it is...more

If you can’t stand the heat, get out of the kitchen – Best Practices from Top Chef

by FordHarrison on

“If you can’t stand the heat, get out of the kitchen!” That’s essentially what a group of Teamsters told Top Chef host personality, Padma Lakshmi, back in June 2014 outside of Steel & Rye restaurant in Milton, Massachusetts....more

7 things you should know about sweepstakes and contests in employee incentive programs

by Thompson Coburn LLP on

Four years ago, I wrote an article for this blog about creating in-house incentive contests. Since that time we have seen a considerable increase in the number of incentive programs that we have been asked to prepare for...more

Leaks and whistleblowers and liability, oh my!

by FordHarrison on

Leaks are everywhere. They happen in politics, in sports, in the entertainment industry, in people’s everyday lives, and (unfortunately for many of us, myself included) in the roofs and pipes in our homes....more

Open Questions on Media Company Liability for Statements Made by Talent

by Akin Gump - Excubitor on

A recent case has raised questions about whether or not a media company can be held liable for defamatory statements made by its talent on social media. The case arose after a falling out between two television stars, Mykel...more

A Changing of the Guard: DC Circuit Finds that Casino Security Technicians Are “Guards” Under the NLRA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The D.C. Circuit Court of Appeals applied a broad definition of who constitutes a statutory “guard” under the NLRA, finding that security technicians at two Las Vegas casinos were guards who could not be...more

Stuntman’s death on ‘The Walking Dead’ set a sad reminder of common workplace hazards

by FordHarrison on

Tragically, stuntman John Bernecker died last week in Atlanta after falling 30 feet to a concrete floor while working on a fight scene for AMC’s zombie-apocalypse series “The Walking Dead.” In response, the show temporarily...more

New media rating seeks to bring common sense to gender stereotyping

by FordHarrison on

When my son was five and constantly arguing and negotiating for extra dessert or whatever it was that he wanted at any given time, people would often say, “You should be a lawyer!” His response was always: “I don’t want to be...more

Who Says There Is No Such Thing as a Free Lunch? -- the US Tax Court in Jacobs v. Commissioner Ruled That There May Be Such a...

by Garvey Schubert Barer on

Judge Ruwe ruled in Jeremy M. Jacobs and Margaret J. Jacobs v. Commissioner, 148 T.C. 24 (June 26, 2017), that a free lunch may exist today under Federal tax law. In this case, the taxpayers, owners of the Boston Bruins of...more

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

by Fisher Phillips on

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

Former Big League Pitcher Awarded More Than $1.5 Million For Wrongful Termination

by Jackson Lewis P.C. on

A New Jersey jury in the Superior Court of New Jersey for Camden County has awarded former Major League Baseball pitcher Mitchell Williams $1,565,333 in a wrongful termination action he filed against MLB Network, Inc....more

The (Exempt) Boys of Summer: 9th Circuit Upholds Minor League Baseball Antitrust Exemption in Wage Suit

Does Major League Baseball’s (MLB) farm league system violate federal antitrust laws? Not according to the 9th Circuit. As written about in this previous post from July 2016 and one from July 2015, numerous minor league...more

Tesla’s CEO makes personal pledge for employee safety

by FordHarrison on

Tesla, an electric-automobile manufacturer, made headlines last month after Worksafe, a California-based worker advocacy group, released a report in May indicating that the injury rates at Tesla’s Fremont manufacturing...more

Wonder Woman and the fight against unconscious bias

by FordHarrison on

Not only has the recently released Wonder Woman movie garnered mainly favorable reviews, but it has been highly successful at the box office, having made more than $200 million domestically in its first two weeks of release...more

May 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in...more

White House Gone Wild!

by FordHarrison on

These days, just about anyone with an Internet connection and some time on their hands enjoys a wonder of the modern age: binge-watching. One of the first, and still one of my favorites, is Netflix’s House of Cards. No matter...more

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