|Oct. 23, 2018 | www.fisherphillips.com|
As the old adage goes, the grass is always greener on the other side. Many employees who are required to stand all day for their jobs would like the option to sit. But in recent years, many employees who traditionally sit behind a desk all day want the option to stand while doing work.
New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin). This decision will likely prove useful to employers both in and outside New York, who often seek disclosure of their opponents’ posts on Facebook or other social media during litigation with their employees.
The Bureau of National Affairs recently issued its “NLRB Election Statistics Year-End 2017 Report,” providing union organizing information for the first year of the Trump administration.
If you’re not an auto dealer and you missed last month’s Supreme Court decision in Encino Motorcars, LLC v. Navarro, we forgive you. After all, a ruling on the correct application of the “salesman” exemption to service advisors under Section 213(b)(10) of the Fair Labor Standards Act (FLSA) doesn’t appear to be of immediate interest to anyone outside the dealership industry.
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months of 2018 are any indication, things won’t be slowing down anytime soon.