Over the past decades, standards for profanity, inappropriate social media use, and other workplace issues commonly addressed in employee handbooks have changed along with the political makeup of the National Labor Relations...more
As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee...more
Last week, the National Labor Relations Board (NLRB) issued a Decision and Order that fundamentally alters the legality of nondisparagement and confidentiality clauses in employee severance agreements. ...more
Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more
1/18/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Rights ,
Employer Rights ,
Employment Policies ,
Federal Labor Laws ,
First Amendment ,
Free Speech ,
Hate Speech ,
Insurrection ,
NLRA ,
Off-Duty Employees ,
Political Speech ,
Private Sector ,
Protests ,
Public Employers ,
State Labor Laws
On March 25, 2019, New Jersey lawmakers called off a vote on Senate Bill No. 2703 (Assembly Bill No. 4497) legalizing recreational marijuana (cannabis) (“Recreational Bill”). State Senate President Stephen Sweeney...more
Each New Year brings new laws, including employment laws and regulations that companies need to consider before the ball drops. In 2019, employers may see a few changes at the federal level, but most changes will be at the...more
12/28/2018
/ Call-In Pay ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
A spate of new state and local regulations is making it tougher to be an employer in the City That Never Sleeps. As previously covered by HR Legalist, new requirements for sexual harassment policies went into effect across...more
Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies. Employers can be placed in a difficult position of trying to enforce these policies, while...more
The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the...more
The end of August marks the beginning of the yearly “back to school” ritual. Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick...more
For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more
4/20/2016
/ Americans with Disabilities Act (ADA) ,
Drug Testing ,
Employment Policies ,
Governor Wolf ,
Hiring & Firing ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Popular ,
Reasonable Accommodation ,
Zero Tolerance Policies
In my last post on HR legalist, I outlined the current state of the law regarding employee social media use. One trend I have been following is the National Labor Relations Board’s expansion of protections for employees who...more
At first, employee social media use sounds like a matter of common sense. Candidates for a job should be careful what they post on social media sites, and make sure they’re not sharing any unsavory details about their past...more
10/15/2015
/ Business Disparagement ,
Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Facebook ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Legal Recruiting ,
LinkedIn ,
Popular ,
Social Media Account Ownership ,
Social Media Policy ,
Social Networks
While we continue to enjoy warm September weather, flu season (typically lasting from October through May) will soon be here. Many employers—health care providers in particular—are now considering or preparing to implement...more