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Supreme Court Raises Standard for Denial of Religious Accommodations

Yesterday, the U.S. Supreme Court issued an important decision altering the standard for religious accommodations under Title VII of the Civil Rights Act of 1964. In Groff v. DeJoy, the Court held employers must “show that...more

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if...more

Minnesota Has Banned Most Non-compete Agreements; It Could Have Been Worse

On May 16 the Minnesota Legislature passed a bill (go to Article 6, page 66) that will ban new non-competition agreements between employers and employees, as well as independent contractors. Governor Walz is expected to sign...more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

Pay Transparency Laws on the Rise

Pay transparency laws—which require employers to disclose compensation in an effort to improve pay equity—are on the rise across the U.S. Today, pay transparency laws are in effect in at least seven states (California,...more

Vaccine Status is a Protected Trait in Montana

On May 7, 2021, Governor Greg Gianforte signed House Bill 702, which prohibits discrimination based on vaccination status or possession of an immunity passport. Specifically, the Act makes it unlawful for employers to refuse...more

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

Employers Beware: Recent Developments in Employee No-Poaching Agreements

No poaching agreements among employers continue to make antitrust news, and employers and their HR professionals need to take note. Whether or not a particular agreement has a valid purpose (such as protecting an employer’s...more

Balancing Employer Obligations to Verify Employee Information

Under the Immigration Reform and Control Act (IRCA), employers must verify the identity and employment authorization of each person hired after November 6, 1986. This verification process is documented by completing and...more

How to Get Yourself Fired for a Facebook Post

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Will That Sandwich Make You Sick? – 8th Circuit Holds NLRA Does Not Protect Disparaging Statements By Jimmy John’s Employees

On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more

EEOC Releases Updated Retaliation Guidance

On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more

New OSHA Rule Effective Next Month – Are Your Drug-Testing Policies Placing You At Risk?

Certain provisions of the Occupational Safety and Health Administration’s (“OSHA’s”) new reporting Rule, which go into effect on August 10, 2016, implicate employers’ post-injury and post-accident drug-testing policies. As...more

NLRB: Unions may organize permanent and temporary workers without employers' consent

In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more

EEOC Releases Draft Retaliation Guidance

On January 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a draft guidance entitled, “PROPOSED Enforcement Guidance on Retaliation and Related Issues.” The public has 30 days to provide feedback....more

Quirky Question #269: Like it or Not – Facebook Post Protected Under the NLRA

Question: I own a small manufacturing company that employs 25-35 employees, depending on our workload. Over the years, a number of my customers and my employees have “friended” me on Facebook. Last week, I saw that one of...more

Quirky Question #266: What’s up with Pregnancy Discrimination?

Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

Question: I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more

Quirky Question #252, OFCCP Guidelines Become Regulations?

Question: Have there been any recent changes in the rules governing federal contractors? Answer: On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of...more

OFCCP Proposes Updates to “Outdated and Inaccurate” Sex Discrimination Rules

On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM) that would rescind the existing Sex Discrimination Guidelines found at 41 C.F.R. part 60-20 and...more

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