In a published, December 21, 2010 opinion letter to a non-profit organization, the New York Department of Labor (DOL) discussed the organization’s educational internship program for persons between the ages of 18 and 24. It found that the interns were not “employees” under the New York State Minimum Wage Act because they met all of the 11 criteria established by the DOL. Employers that use (or are considering) internship programs must ensure that their interns meet all these criteria, or else they must pay their interns at least the minimum wage.
A California Court of Appeal recently handed employers a major victory in the areas of non-competition, choice of law, and arbitration in its decision in Jones v. Humanscale Corporation. The decision issued on Friday, June 17, involved an employer’s attempt to specify in its employment contracts with its employees that the law of its home
In October 2009, the Federal Trade Commission (FTC) issued final guidelines, which became effective on December 1, 2009, regarding the use of “endorsements and testimonials” in advertising. “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” 16 CFR Part 255. Under those guidelines, employees who use social media like blogs or Facebook to make
Wisconsin Supreme Court Limits Tort Claims Related to Conduct Following Worker’s Compensation Injury
On May 20, 2021, the Wisconsin Supreme Court limited the tort claims an employee may bring based on alleged conduct that occurred between injuries covered under the state’s workers’ compensation law. The opinion in Graef v. Continental Indemnity Company may support employer arguments to limit employment-related litigation claims brought by employees because worker’s compensation provides an exclusive remedy to employees injured in the course of employment.