Yesterday, I shared my thoughts on the NLRB’s historic (yet preliminary) ruling on scholarship student athletes as employees. I argued that treating these students as employees could require their employer (the university) to pay them overtime. What other unintended results could this ruling have?
- As one of my Twitter friends asked, will these students have to pay income tax on the value of their scholarships?
- Will injured athletes be entitled to FMLA leave?
- What about reasonable accommodations for injured athletes under the ADA?
- Or what about health insurance coverage under the ACA’s mandate?
- Will recruiting practices be scrutinized for disparate impact?
As you can see, this case asks more questions than it provides answers. The only answer I do know is that the NLRB kicked a hornet’s nest, and it is going to take years for the swarm to settle itself.
Here’s the rest of what I read this week:
- Spiderweb Delivery? Is One Year Enough for a Leave of Absence for a Disabled Employee? — from Dan Schwartz’s Connecticut Employment Law Blog
- Accommodations For Pregnant Employees: When Laboring Means More Than Just Hard Work — from Employment Essentials
- Prompt remedial action beats harassment claim — from Warren & Associates Blog
- Should Stuttering Be Classified As A Disability? — from Employment Discrimination Report
- Obesity is a Disability? — from The Blue Ink
- Supreme Court Hears ACA Contraceptive Mandate Cases — from The Employment Brief
Social Media & Workplace Technology
- Facebook reports 1 billion active users on mobile devices and 200 million users on Instagram — from The Verge
- Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations — from Socially Aware Blog
- Plaintiff-employee destroys Facebook posts about her case; court destroys her — from Eric Meyer’s The Employer Handbook Blog
- Think before you delete that Facebook post — from Evil HR Lady
- Social Privacy: Workplace Myth Or Reality? — from TalentCulture
- 5 Employment Law Considerations in “The Cloud” — from Technology Company Counselor
HR & Employee Relations
- Why Likability Matters More at Work — from the Wall Street Journal
- 10 Easy Rules for Background Checks in Hiring — from Robin Shea’s Employment & Labor Insider
- Why you should document when the decision was made! — from Mike Haberman’s Omega HR Solutions
- Can I Just Quit and Claim Constructive Discharge? — from Phil Miles’s Lawffice Space
- Trends in Parental Leave: Looking Abroad, Looking Ahead — from ERC Insights Blog
- Do You Have Employment Practices Liability Insurance? — from The Emplawyerologist
Wage & Hour
- McDonald’s Employees: Not Lovin’ It — from The L•E•Jer
- How Will Expansion of Overtime Eligibility Impact Small Business? — from GMS Blog
- Employees Can’t Take FMLA Leave for “Potential” Absences in the Future — from Jeff Nowak’s FMLA Insights
- Make sure employee is clear about your system for running and counting FMLA leave — from Business Management Daily
- If you are a CHRO – this should be keeping you (and your people) awake at night — from The Human Race Horses
- Lessons from the NLRB’s Social Media Decisions for BYOD Policies — from Blogging4Jobs
- NLRB Expands Scope of Employer Solicitation of Grievances as Unlawful Coercive Conduct — from Management Memo