Roundup: Social media and employee disputes; Wearables and privacy; Joint employers; Fake job applicants; State noncompete laws
Salary.com Compensation and Pay Equity Law Review
Welcome to Salary.com's Compensation and Pay Equity Law Review.
Our editor, employment lawyer Heather Bussing, is tracking legislation, cases, and analysis to give you the latest critical HR topics. She and Kent Plunkett, CEO of Salary.com, also have a new book out on Pay Equity, Get Pay Right: How to Achieve Pay Equity that Works!
This week we're asking these questions and even answering most of them:
- Why do people think that litigation or the courts are going to declare them good and right?
- What are all the reasons employers should not require employees to wear biometric sensors at work?
- What is a joint employer (not that joint)?
- What's going on with all the fake job applications?
- Which states have passed new laws on noncompete agreements?
- Does any of this matter?
The Court of Public Opinion Won't Help
I'm not sure I will ever make sense of why some attorneys thought it would be a good idea to file litigation here and even less why they kept it going. But there is no problem you are going to solve by taking it to social media.
Fake Job Applicants Are Real
Employment is one of the places where our identity matters for compliance purposes. But I wonder how long it will last. While I ponder whether truth and reality matter and why, here's more on what's happening with fake job applicants.
Don't Require Wearables at Work
Sure, encourage walk and talk meetings. Offer healthy choices for food. Make the devices part of a benefit that reimburses employees for health related expenses like gym memberships or yoga and spin classes. But don't ask employees to track their biometric data.
What Is a Joint Employer?
Some employees have more than one legal employer. This happens when more than one entity controls what the employee does, or is contractually responsible, or both. It comes up for NLRB charges, wage and hour issues, workers' compensation, and discrimination claims.
More State Noncompete Laws
Employee noncompete agreements and employee and client nonsolicitation agreements are the subject of new state laws. How they turn out seems related to whether the state legislature is red or blue politically.
