What Is At-Will Employment?

What Is At-Will Employment?

The concept of “at-will employment” basically means that an employer can fire its employee for any reason or no reason at all without warning. On the other hand, an employee can quit whenever he or she wants to. The doctrine of “at-will employment” or emerged at the end of the 19th century, when government intervened very little in issues related to business and employment relations. It was the time when the free market dictated all employment policies. Later the labor movement and collective bargaining eliminated employment at-will for unionized workers. Employers were supposed to demonstrate a “just cause” before applying disciplinary measures or firing an employee of the organized company. […]

New Anti-Retaliation and Mediation Units in the New York Department of Labor

New Anti-Retaliation and Mediation Units in the New York Department of Labor

On October 14, 2015 Governor Cuomo announced new statewide measures to combat workers exploitation in New York. The measures include additional funding for workers education, as well as “investigations, prosecutions and data collection and compliance efforts.” Mr. Cuomo has also created a new Anti-Retaliation Unit and a Mediation Unit within the State Department of Labor. The aim of the new units is to combat retaliation practices against workers and employees and to expedite cases of the Task Force’s investigations. According to the Governor, his administration “is taking aggressive steps to protect workers and combat exploitation…” Governor Cuomo announced the measures at the time of the first public meeting of the […]

The NLRB Joint-Employer Decision

The NLRB Joint-Employer Decision

The National Labor Relations Board (NLRB) decision in Browning-Ferris Industries of August 27, 2015 has broad implications, because it redefines who the employer is under the National Labor Relations Act (NLRA). This decision involves a recycling company Browning-Ferris, whose workers brought their initial claim. Actually they were employees of a contractor and not of the parent company. The NLRB decision says that contract does not shield the parent company from responsibility to workers who work for the contractor. The so-called “joint employer’ decision has very important implications for people who work for the company but who are not considered to be employees. It affects a lot of franchise operators and […]