News & Analysis as of September 18, 2024

Employee Handbooks › Retaliation

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

Workplace Law Update: 10 Essential Items on Your New Year To-Do List

Fisher Phillips on 1/3/2024

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

California's New Employment Laws: Get Ready for 2024

Davis Wright Tremaine LLP on 10/31/2023

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take...more

Attendance Policies, ADA May Be In EEOC's Crosshairs

Bradley Arant Boult Cummings LLP on 6/14/2023

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?

Foley & Lardner LLP on 11/29/2022

Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on 5/6/2021

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on 10/13/2020

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

New York State Bans Discrimination and Retaliation Based on Reproductive Health Decision Making and Requires Immediate Changes to...

Kramer Levin Naftalis & Frankel LLP on 12/5/2019

On Nov. 8, 2019, New York State Governor Andrew Cuomo signed into law an amendment to the New York Labor Law, which is effective immediately and prohibits employers from discriminating or retaliating against employees based...more

Gonna Have To Face It: We’re Addicted to…Everything?! Digital Addictions In The Workplace

Fisher Phillips on 4/3/2019

Cell phones. Video games. YouTube. TV. iPads. Kindles. Online Gaming. Netflix. Hulu. Amazon Prime. Stream, click, stream, repeat. As the years go on, so too does the list of things to which people become addicted. Emerging...more

Does Your Employee Handbook Have a Lactation Accommodation Policy?

Snell & Wilmer on 2/12/2019

Many employers are familiar with break and meal period requirements applicable to their organization under state and federal law. Often overlooked, however, is an employer’s responsibilities toward nursing mothers. This...more

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on 9/20/2018

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Bradley Arant Boult Cummings LLP on 9/13/2018

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

Parker Poe Adams & Bernstein LLP on 8/1/2018

Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Chris Lazarini Analyzes Enforceability of Arbitration Agreement in Employee Handbook

Bass, Berry & Sims PLC on 1/8/2018

Bass, Berry & Sims attorney Chris Lazarini analyzed a court's decision finding an arbitration agreement is valid and enforceable even when located in an employee handbook containing a general disclaimer that the handbook is...more

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/7/2017

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on 8/21/2017

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

Foley & Lardner LLP on 7/12/2017

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

Web Exclusive: The Changing Face Of Discrimination

Fisher Phillips on 6/9/2017

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

Employers Burdened By More New Laws

Davis Wright Tremaine LLP on 7/14/2015

The Oregon Legislature enacted several laws in 2015 that will significantly affect your workplace. The following laws go into effect Jan. 1, 2016: Paid Sick Leave - As expected, Oregon has enacted a mandatory paid sick leave...more

Knowingly or Not? When Does an Employee Agree to Arbitrate?

Foley & Lardner LLP on 5/28/2015

There was a time, not so long ago, when federal courts refused to enforce arbitration agreements in Title VII cases, rendering arbitration agreements in the employment context virtually meaningless. Then, in 1991, Congress...more

Top Ten Policies Every Employee Handbook Should Have

Genova Burns LLC on 8/26/2013

An Employee Handbook is a critical communication tool that sets forth corporate goals, policies and objectives as well as the expectations demanded of employees....more

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

Shumaker, Loop & Kendrick, LLP on 5/21/2013

In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more

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Employee Handbooks › Retaliation

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