Interns Deemed Non-Employees By Second Circuit

I have been following the protracted saga developing in the Second Circuit concerning whether interns are employees. Recently, this Circuit overturned a lower court decision that granted conditional certification to an intern (and the putative class) alleging that they were statutory employees. That case is entitled Glatt et al. v. Fox Searchlight Pictures Inc. Concomitantly, in Wang v. The Hearst Corp., the Second Circuit upheld a ruling that denied certification in another intern case.

The […]

By | July 13th, 2015 ||

Virginia’s New Social Media Law Protects Employees

Effective July 1, 2015, a new law takes effect in Virginia that restricts employers’ ability to access their employees’ social media accounts. The law – Virginia Code § 40.1-28.7:5 – primarily forbids an employer from forcing either a current or prospective employee to:

disclose log-in information – i.e. username and password – attached to a social media account; or
“add” an employee, supervisor, or administrator to the employee’s contact list on such an account.

Additionally, an employer […]

By | July 10th, 2015 ||

Update On Employee Telecommuting

Employers increasingly deal with an electronically-mobile workforce. Policies addressing bring-your-own-device, (BYOD), mobile office and flexible work schedules are becoming more common in employee handbooks. One related issue is employee telecommuting. It can be a win-win if an employer and employee agree that telecommuting is viable in a given situation. It is not so simple if an employee wants to telecommute, but the employer does not agree for business or strategic reasons.

A recent decision issued […]

By | July 8th, 2015 ||