Employment Policies

News & Analysis as of

Bonding by the Bay: San Francisco Mandates Paid Parental Leave

On April 21, 2016, Mayor Ed Lee signed an ordinance (File No. 160065) making San Francisco the first municipality to require private employers to compensate employees while on parental bonding leave. Under the law, dubbed the...more

Unworkable Employer Work Rules: The Board Once Again Makes Perfection the Enemy of the Good

The Board majority holds firm to its standard for evaluating employer work rules despite Member Miscimarra’s vigorous dissent advocating for a new, clearer standard that takes into account an employer’s legitimate business...more

Burr Alert: Workplace Violence: Reducing the Risk of Civil Liability

An estimated 2 million American workers are victims of workplace violence each year, costing businesses billions of dollars per year in impaired productivity, employee turnover, security measures, and legal costs. More and...more

Utah Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

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

Employers in Chicago Take Note: Impending City Ordinance to Require Paid Sick Leave

Chicago is likely to become the next municipality to require employers to provide paid sick leave. On April 13, 2016, the Chicago City Council proposed an amendment to the Chicago Minimum Wage Ordinance that would require...more

Don’t Get Smoked By Pennsylvania’s New Medical Marijuana Law

Action item: Governor Tom Wolf is expected to sign legislation on Sunday, April 17, that will legalize medical marijuana in Pennsylvania. The new law also prohibits discrimination against certified users of medical marijuana,...more

More Guidelines on Data Privacy Compliant Use and Monitoring of Internet and Emails in the Workplace in Germany

Recently, the Berlin-Brandenburg Regional Labor Court ruled on the rights of an employer to check browsing history without the employee’s consent. Orrick’s German employment team published a client newsletter about this...more

The Difficult Dilemma Facing Employers When It Comes to Threats of Workplace Violence

Unfortunately, headlines of tragic acts of violence in the workplace continue – and it is a trend that is not abating. The Occupational Safety and Health Administration estimates that approximately 2 million workers are...more

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the recent mass shootings that occurred in San Bernardino, CA and Hesston, KA, both of which occurred at least in part...more

Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor....more

The Supreme Court of Canada grants leave to appeal in drug and alcohol policy matter

Once again, the issue of drug and alcohol testing and policies will be subject to appeal; but this time before the Supreme Court of Canada, as it recently granted leave to appeal in Stewart v. Elk Valley Coal Corporation et...more

Watch Out Employees: Comply with Policies or Lose FMLA Rights

Did we hear that correctly? Employees need to follow Company policies? In a victory for employers, a federal court said that an employer had the right to terminate an employee who failed to follow the Company’s leave policy...more

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

The Dawn Of A New Wild, Wild West In Mississippi? State Supreme Court Rules On Employees Workplace Firearm Rights

On March 24, 2016, the Mississippi Supreme Court issued an opinion that allowed an employee to proceed with a wrongful discharge lawsuit after being terminated for possessing a gun on company premises, significantly altering...more

Impact of New FEHA Regulations on Your Employment Policies and Procedures - Take Action Now

The Fair Employment and Housing Council’s amendments to its Fair Employment and Housing Act (“FEHA”) Regulations take effect April 1, 2016. Employers should consult with counsel and carefully review their existing company...more

2016 Changes to Seattle’s Labor Standards Laws

In February 2016, the Seattle Office of Labor Standards (OLS) issued its 2016 Guide for Seattle Workers and Employers, which summarizes recent amendments to Seattle’s Labor Standards Laws, including Paid Sick and Safe Time...more

More Guns in Trunks—Mississippi Supreme Court Amends Wrongful Discharge Doctrine

Given Mississippi’s guns in trunks statute, can you legally terminate an employee for keeping a gun in his car at work? The Mississippi Supreme Court in Swindol v. Aurora Flight Sciences Corporation answered this question,...more

What Does North Carolina's New Public Facilities Law Mean for Employers?

Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for...more

Is It Time to Take a Fresh Look at Your Parental Leave Policy?

In 2014, Baker Donelson's Women's Initiative decided it was time to revisit our decade-old parental leave policy. While the policy was still competitive in our market, offering 12 weeks of leave for primary caregivers, we...more

Have You Trained Your Supervisors on Wage & Hour Compliance?

When sexual harassment lawsuits started becoming a major liability issue for employers, many employers sensibly responded by requiring their supervisory employees to go through mandatory anti-harassment training. There is at...more

New California Fair Employment Regulations: It’s Time for California Employers to Update Their Policies

On April 1, 2016, California’s amended Fair Employment and Housing Act Regulations (“Amended Regulations”), which interpret substantive rights under the Fair Employment and Housing Act (“FEHA”), will take effect. The Amended...more

What To Do When One of Your Employees Is Arrested

It’s a question more employers find themselves asking: “What should I do if one of my employees gets arrested?” Originally published in The HR Specialist - March 2016 issue....more

Did You Know…New FEHA Regulations Take Effect April 1

The Fair Employment and Housing Council’s amendments to its Fair Employment and Housing Act (“FEHA”) Regulations take effect April 1, 2016. The amended regulations cover a wide range of topics.  Listed below are...more

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