California Employment News: How to Draft Employee Disciplinary Records to Protect Your Business
Susan Roberts on Creating a Compliance Program Book
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 21 of One Month to Better Compliance Through HR-the HR Gap Analysis for Compliance
Operationalizing Compliance Through Your Tone in the Middle
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Day 7 Of One Month To Better Compliance Through HR - Six Principles For Compliance Incentives
Ten Hallmarks of an Effective Compliance Program-Hallmark 6
Episode 155-Mara Senn on FCPA Investigations and the Decision to Self-Disclose
On August 31, 2023, the National Labor Relations Board (NLRB or the Board) issued a pair of decisions that continue the agency's recent trend of broadening the reach of the National Labor Relations Act (NLRA). With these two...more
On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the...more
New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more
On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the Law). The Law amends §215 of the New York Labor Law (NYLL) to "clarif[y] that workers shall not be punished or subjected to...more
In a decision significant to employers that employ strike replacement employees or that may consider hiring strike replacement employees, the National Labor Relations Board (NLRB) found that such employees hold the right to...more
A new National Labor Relations Board (the “Board”) decision has laid the groundwork for the Board to extend “Weingarten” rights – the right of union employees to have a union representative accompany them at disciplinary...more
Should the employer force the issue? You Human Resources professionals are familiar with this scenario. You are present while a supervisor is disciplining an employee. The supervisor has a write-up, pre-approved by you, and...more
Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more
Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more
When something goes missing from the workplace, it may be tempting to turn to every detective show’s favorite cliché, the polygraph test. But are employers allowed to utilize such an examination? Congress addressed this...more
One area of labor relations that continues to vex practitioners is the scope of the so-called Weingarten rights. NLRB v. J. Weingarten Inc., 420 U.S. 251 (1975). Some 43 years after the Supreme Court set forth the right that...more
Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more
Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more
Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more
The leaves are changing, and the air is turning cooler. While employers are gearing up for fall, voting leave may be far from their minds. After all, even though the presidential candidates are in full swing campaign mode,...more
Over the past several years, EmployNews has reported on dozens of National Labor Relations Board cases expanding the concept of employee rights in even non-unionized workplaces. Earlier this month, the NLRB added to this list...more
We have frequently commented on the National Labor Relations Board’s (NLRB) expansion and creation of sweeping protections to employees engaging in union organizing and other activities protected under the National Labor...more
Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more
There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more
Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more
With New Jersey poised to become the twelfth state to enact a social media password protection law and scant case law addressing the circumstances when and how an employer can lawfully access employees’ restricted social...more