What Is An Injunction And When Can One Be Obtained?

Television news programs often make reference to companies or the government obtaining injunctions against various types of conduct.  This article explains what an injunction is and when/how one might be obtained from a court. Businesses sometimes have a need to stop – enjoin – a person or another business from doing something harmful to the […]

What is a Temporary Restraining Order?

WHAT IS A TEMPORARY RESTRAINING ORDER? Businesses sometimes have a need to stop – enjoin – a person or another business from doing something harmful to the business.  Often this occurs in the context of an employee leaving and taking confidential information with him/her, or a former employee attempting to divert business away from the […]

Biting the Hand That Feeds You: Facebook Postings About Your Employer May be Protected

BITING THE HAND THAT FEEDS YOU:  NLRB SAYS EMPLOYERS CAN GO TOO FAR WHEN THEY PENALIZE AN EMPLOYEE FOR POSTING NEGATIVE COMMENTS ABOUT THEIR EMPLOYER ON THE INTERNET Employees are often warned not to publicly complain about their employer if they want to keep their job.  The thinking is that, like a dog, you shouldn’t […]

Posting on Facebook Can Create Problems for Employment Applicants

In recent years, employers large and small have added Internet searches to their pre-hire investigations of job candidates.  If you are applying for a job, postings by or about you on the Internet can come back to haunt you, regardless of how long ago they may have been posted – or even how long ago […]

How Can You Tell Whether a Worker is an Employee or an Independent Contractor?

The distinction between an employee and an independent contractor is a little-understood area of the law for employers and employees alike.  But, it is essential to determine in which category a worker fits in order to make sure that the worker is paid correctly and also to make sure that the applicable tax laws are […]

When Is An Employee Exempt From The Overtime Provisions Of Federal Wage & Hour Law?

Employers and employees have many misperceptions regarding who may be covered by the overtime pay requirements of federal wage & hour law1. For example, an oft-cited misperception is that office workers are not covered (i.e. exempt from eligibility for overtime compensation), but that manual laborers are covered. In fact, sometimes office workers are exempt and […]