Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more
12/14/2017
/ Discrimination ,
Dow Chemical ,
Employer Liability Issues ,
Foreign Affiliates ,
Foreign Subsidiaries ,
Jurisdiction ,
National Origin Discrimination ,
Popular ,
Religious Discrimination ,
Sex Discrimination ,
Title VII
At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more
Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more
Last month, the Equal Employment Opportunity Commission (EEOC) issued a final enforcement guidance on retaliation claims under the various federal civil rights laws administered by the agency. The guidance will replace...more
The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more
In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more
The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more
5/18/2016
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Commercial Truck Drivers ,
Corporate Counsel ,
Disability Discrimination ,
Essential Functions ,
FMCSA ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Popular ,
Remand ,
Reversal
The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...more
The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more
Intermittent leave continues to pose some of the most vexing Family and Medical Leave Act problems for employers. Employees eligible for intermittent FMLA leave frequently miss work without advance notice, leaving the...more
When investigating administrative charges of discrimination, the Equal Employment Opportunity Commission often sends employers Requests for Information that seek details about employees similarly situated to the charging...more
Section 7 of the National Labor Relations Act protects employees’ rights to engage in “concerted activity.” Concerted activity means persons acting on behalf of two or more employees with regard to issues involving terms and...more
In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more
When requesting medical certification of the need for FMLA leave, most employers rely on the U.S. Department of Labor’s certification forms. DOL publishes four medical certification forms, based on the specific kind of FMLA...more
Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more
As reported in EmployNews, over the past year the Equal Employment Opportunity Commission has aggressively shifted its position on the extent of coverage of LGBT workers under Title VII. In federal employee cases where the...more
When conducting an internal investigation involving possible disciplinary violations, employers often ask participants in the investigation to maintain its confidentiality pending completion. Last month, the National Labor...more
Last year, the Tenth Circuit Court of Appeals issued a controversial opinion absolving a clothing retailer from failing to hire a Muslim applicant for employment who did not tell the company that the headscarf worn at her job...more
Employers routinely execute confidential information agreements with key employees. These agreements prohibit the employee from using or otherwise disclosing the employer’s confidential and proprietary business information...more
Under Title VII, employees typically must file a charge of discrimination within 180 days (or 300 days in states such as South Carolina with their own EEO enforcement agencies) of the alleged discriminatory act. In its 2002...more
As with most federal labor laws, the Fair Labor Standards Act prohibits employers from retaliating against employees who complain about violation of their rights to overtime pay and minimum wage. In its 2011 Kasten decision,...more
When taking in your car to the dealership for repairs, you are usually greeted by a service advisor. Service advisors compile information needed for the mechanic to diagnose and repair the vehicle. They also provide cost...more
The Americans with Disabilities Act prohibits employers from discriminating against a qualified person with a disability, or refusing to provide that person with a reasonable accommodation that would allow them to perform the...more
The federal Computer Fraud and Abuse Act (CFAA) was primarily intended to deter and punish database hacking by third parties. Employers involved in disputes with former employees have attempted to use CFAA in response to...more