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Tag Archives: HR

What Start-Ups, Tech Companies and Marketers Need to Know About the New Overtime Rules

You may have heard about new overtime rules from the Department of Labor. It’s not all about bathroom laws. Michael Kelsheimer, author of the Employer Handbook, broke down the new rules in Federal Changes to Overtime Exemptions Alert.
In a gross over-simplification, employees that oversee others, i.e, manager, were exempt from overtime if they earned more than … Continue Reading

GUEST POST: Start-Ups and the Unpaid Internship – The legal balancing act

As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to.   These kids are smart, hungry, can use the experience and wouldn’t it be nice to have someone pick … Continue Reading

You “like” me, you really “like” me – Looking at the legal effect of Facebook likes and friends

Is liking something expressive activity protected by the First Amendment?  Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case?  Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is … Continue Reading

Texas Leg Watch 2013: Banning Employers from Demanding Social Media Passwords Bill to Hit House Floor Tomorrow

As part of our continuing coverage of the Texas Legislature Watch (they only meet every other year in Texas), we look at the bill that would prohibit employers from demanding passwords or other access to the social media accounts of employees and prospective employees.  It goes to the House floor tomorrow.
As we originally reported, on December … Continue Reading

Don’t Rail on Your “F**** Idiot” Employees on the Net

No one likes to be sued.  It may make you mad enough that you want to scream and holler on the Internet.  There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation.
Take a lesson from Coyote Ugly that does not involve dancing on the bar.  The lesson is — … Continue Reading

The BYOD Policy: From the Yugo to the Cadillac

Your employees want to be able to use their own iPhones or Android devices at work.  Angry Birds on the Blackberry is just not the same.  This trend is being referred to as Bring Your Own Device or BYOD.
While it will make your employees happy, it creates some issues that involve three key stakeholders: legal, … Continue Reading

Texas Leg Watch 2013: Will Texas Prohibit Employers From Asking for Social Media Passwords?

Democratic Texas State Representative Helen Giddings filed a bill prohibiting employers in Texas from asking for social media passwords from applicants and current employees.  Texas joins a long list of states that have either passed or proposed similar legislation. 
On December 21, 2012, HB 318 was pre-filed.  Democratic State Senator Chuy Hinojosa filed the exact bill with the Senate as SB 118.  … Continue Reading

NLRB says what to include and not to include in your social media policy

Federal agencies are not shy about enforcing alleged violations of their policies after the fact.  From these enforcement actions, lawyers are supposed interpret the results to advise their clients on how to avoid the same fate. 
In the past, the NLRB even summarized some of the cases for us in its second report on social media in the workplace.  … Continue Reading