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Posts tagged "Employment law"

Activists Challenge Wells Fargo on Many Fronts at Annual Shareholders Meeting

Activists seized on Wells Fargo's annual shareholder meeting this week to press the bank for changes to a wide range of alleged unfair practices. As the country's fourth-largest bank, Wells faces backlash from a scandal involving up to two million accounts opened without customer authorization, as well as related allegations of employment law violations - including firing whistleblowers who refused to participate in fraudulent account openings. Activists mobilizing around the Forgo Wells campaign, among others, have condemned the bank's use of forced arbitration clauses in customers' and employees' contracts, which obstruct many of these issues from coming to light because they prevent employees and consumers from banding together and taking Wells to court.

Fair Play Pay: Compensating College Athletes

It is not news that college athletics are big business. March Madness holds the entire country's rapt attention each year, and the revenues it generates for the NCAA are significant. The broadcast rights are worth more than $1 billion annually as of 2016. And, while the NCAA has indicated that 90% of that money goes to the benefit of the athletes, that may not truly be the case. March Madness is over, but many question whether the NCAA promulgates another form of madness, its amateurism rules that forbid compensation of college athletes.

Can You Be Fired for Political Social Media Posts?

Political discussions seem to be happening everywhere today. And, more often than not, they can get quite heated. From tense family dinner tables to disagreements with complete strangers, people are voicing their opinions - loudly.

Flag on the Play: Injured Professional Athletes Fighting for Compensation

Professional athletes are often likened to warriors and lionized for pushing their bodies to the breaking point, ignoring pain, and remaining stoic. Most accept that some injuries - sprains, pulled muscles, etc. - are part of the job. More and more, however, professional athletes are drawing a line when it comes to preventable injuries that can be attributed to the often willful negligence of the teams and leagues that employ them.

Big Data: The Rise of Talent Analytics is a Cause for Concern

Back in 2012, Forbes caused a stir when it published an article detailing how Target was tracking customer purchases so closely that it figured out a teen was pregnant before she had even told her parents. For many people, it was their first real glimpse of how big data - the ever-growing mass of our electronically-stored personal information - is being analyzed to predict behaviors and spot trends. The idea that a retailer could have such detailed knowledge of the most intimate aspects of our lives raised many concerns about how that information was being used.

Illinois' New Sick Leave Law - A Mixed Bag for Illinois Workers

Illinois recently enacted legislation purportedly giving workers across the state greater flexibility when using their sick leave benefits. The Illinois Employee Sick Leave Act, which takes effect on January 1, 2017, is a noble attempt to balance people's family caregiving duties with their job responsibilities, but to many, its protections don't go far enough.

WARN Act Protects Laid off Employees of Companies in Bankruptcy

Being laid off is likely one of the most stressful events employees and their families will face. It means looking for a new job and wrestling with the financial uncertainty that comes with being out of work.

Concreteness and Spokeo - The Supreme Court's Decision Really Doesn't Do What Employers Say It Does

When the U.S. Supreme Court delivered its opinion in Spokeo, Inc. v. Robins last May, employers, as well as the companies that provide employers with job applicants' background information, argued that the ruling was a significant change to the law of standing. Despite the smokescreen they've attempted to raise, however, Spokeo hasn't changed standing at all, and consumers (including jobseekers) are just as empowered to seek redress for Fair Credit Reporting Act violations today as they were before.

Out of Prison, Out of a Job: "Ban the Box" Movement Seeks an End to Employers' Insidious Use of Criminal Background Checks to Reject Qualified Applicants

70 million Americans - one in every three adults in the United States - has a criminal record of some sort. For many of these people, however, the cost of their crimes imposes a death sentence on their ability to find work.

NYSBA event recap: Outten & Golden Partner Wendi Lazar presents workshop on "sweat equity" in start-ups

On behalf of the New York State Bar Association, Wendi Lazar, Partner and co-chair of the Outten & Golden Executives and Professionals Practice Group, presented a discussion panel at Manhattan's CUNY Graduate Center on 34th Street as part of a 4-hour MCLE workshop titled "'Sweat Equity' in Start-Ups and Early-Stage Businesses: Legal, Tax and Employment Issues for Founders, Key Executives and Independent Contractors." In her lecture, Lazar focused primarily on company founders' obligations to other employees, recruiting talent, wage and hour concerns (wages vs. equity), misclassifying employees as independent contractors, and preparing for a sale (workplace issues, avoiding tax problems, potential litigation, and the value of the business).

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