The National Collegiate Athletic Association (NCAA) has historically been afforded a wide berth to implement and enforce its rules under the auspices of protecting the “revered tradition of amateurism” in college athletics. For decades, it relied on this principle as a means to enforce its prohibition on college athletes receiving…
As California reopens from the COVID-19 pandemic and workers begin returning to work in-person, many employers have begun requesting their employees provide, sometimes on an ongoing basis, certain health information before returning to the workplace. This includes information such as temperature checks, health surveys, COVID-19 test results, or proof of…
I am not at all embarrassed to admit that I love working in my pajamas. A lot of us are working from home now to help flatten the curve, and while social distancing has created a lot of challenges for most people, one of the perks is the ability to…
In his 2013 book, Our Final Invention, documentary filmmaker James Barrat explores the perils and promises of artificial intelligence (AI). The book’s ominous subtitle, Artificial Intelligence and the End of the Human Era, echoes similar dire sentiments regarding the ultimate consequences of mankind’s quest for fully functioning AI, including from…
Does one person’s Twitter account a trade secret make? A newspaper in Virginia apparently thinks so. This past week, the owner of The Roanoke Times sued former Virgina Tech sports reporter Andy Bitter under the federal Defend Trade Secrets Act, among other things, because he refused to give up the…
Under Section 7 of the National Labor Relations Act (NLRA), all employees have a right to engage in protected concerted activity, even if they are not unionized. Such activities include those performed for the mutual aid or protection of all employees, such as discussing the terms and conditions of employment.…
Freelance writers are as integral to online content generation as migrant workers are to the harvesting of seasonal crops (and in many cases, about as poorly protected). And since content generation is always in season—and given that so many online platforms either use freelancers to generate content or rely in…
Whether or not your friends and family get a kick out of your misery at work, that online post of yours might tick off your employer. But what rights do employers have to restrain their employees from complaining about them online? Can employers punish employees for posting their grievances online?…
The future of ride-sharing companies has hung in the balance for more than two years while class actions and labor complaints were pending against industry giants Uber, Lyft and others. The ride-sharing companies have primarily fought with their drivers over the driver’s employment status—a conflict between whether the drivers are…
Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting that demonstrates poor judgment go viral. All employers should consider having a social media response…