Employment Policies

News & Analysis as of

New CFRA Regulations Become Effective July 1, 2015

Managing employee leaves of absence and navigating the minefield of leave laws are key issues for every employer. Following a series of significant changes to the federal regulations implementing the Family and Medical Leave...more

California Employers, Beware: It’s Time to Rewrite Your Sick Leave and PTO Policies

By now, most employers have heard about California’s new paid sick leave law, AB 1522, technically known as the Healthy Workplace, Healthy Families Act, which will be codified at Labor Code sections 245 to 249 and 2810.5....more

New Rulings Address BYOD Policies

Bring Your Own Device (BYOD) policies are on the rise, meaning that an increasing number of employees are using their personal devices to access company servers. But, with the prevalence of a new employment trend inevitably...more

Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work

In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy...more

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 3 Trademarks and Logos, Photography and Workplace Recording, Leaving Work,...

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks....more

Implied Rights in Whistleblower Policies: What DC’s Latest Ruling Means for Employers

On March 18, 2015, the U.S. District Court for the District of Columbia ruled on a motion to dismiss in a case that will have potentially serious consequences for D.C. employers that include written whistleblower and other...more

New Guidance Regarding Employee Handbooks Part Two: Employee Conduct Rules Can Prohibit Insuordination and Harassment But Cannot...

This post is the second in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. ...more

New York Federal Court Applies New York City Human Rights Law’s Liability Provision to Employer’s Agent

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for...more

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more

[Event] What Employers Need to Know about Attracting, Managing and Separating from Their Employees - April 30, Houston, TX

The Greater Houston Partnership will hold a continuing education series "What Employers Need to Know about Attracting, Managing and Separating from Their Employees: Current Legal Compliance and Talent Management Issues."...more

Massachusetts Supreme Judicial Court Clarifies the Lawfulness of No Tipping Policies

On April 10, 2015, the Massachusetts Supreme Judicial Court held in Meshna v. Scrivanos that an employer may implement a no tipping policy for workers otherwise covered by the Massachusetts Tips Act (M.G.L. c.149, § 152A )....more

NLRB Report Targets Unlawful Employer Handbook Rules

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or...more

Is it Time to Review Your Employee Handbooks?

On March 18th, National Labor Relations Board (“NLRB”) General Counsel Richard F. Griffin, Jr., issued a report (“the Report”) concerning employer rules and employee handbooks in light of recent employer rule cases. ...more

Consistency in Policy Application Critical for Employers

As I talked in yesterday’s post, I moderated a community forum on Religion and the Workplace at my firm. We had a terrific crowd and I’m grateful to all the speakers for making time out of their busy days to come. ...more

Virginia Workplace Social Media Password Privacy Bill Signed

On March 23, 2015, Virginia Gov. Terry McAuliffe approved a social media password privacy bill (H.B. 2081) that limits employers access to employees’ and job applicants’ personal social media accounts....more

Think Your Handbook Is Legally Compliant? NLRB Says, “Think Again”

In the most recent memorandum issued by the General Counsel (“GC”) of the National Labor Relations Board (“Board”) regarding workplace policies, memorandum GC 15-04, the Board offers employers new guidance on how to craft...more

Summer Is Almost Here (Along With Casual Attire) — Time to Remind Employees of the Dress Code Before Office Resembles a Beach

Easter Sunday just passed, so it is official—spring is here and, before we realize, summer will have arrived. With summer comes warmer weather and trips to the pool, lake, or beach. People exchange their jackets, sweaters,...more

NLRB General Counsel Releases Memorandum on Unlawful Employer Policies

In our prior alert, we notified you of the National Labor Relations Board’s (NLRB) decision to overturn an administrative law judge’s (ALJ) ruling, finding that a confidentiality agreement had violated employee rights under...more

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 2 Conduct Toward Coworkers and Third Parties

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more

A Must Read: NLRB General Counsel Issues Helpful Guidance on Employee Handbook Policies and Rules

Over the past several months, we have alerted you to the National Labor Relations Board’s (NLRB) recent trend of scrutinizing employers’ handbook policies and finding many common policies unlawful. ...more

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

NLRB General Counsel Offers Guidance on Employer Policies and Rules

On March 19, the National Labor Relations Board (NLRB) made public new guidance governing a number of keys areas that have been challenging employers for the last few years. These clarifications could affect employers’...more

BYOD: Five Things To Consider When Creating Your Policy

“BYOD” or “bring your own device” (also known as the “consumerization of IT”) is a fact of life in today’s workplace. BYOD refers to the practice of using personally owned devices—like smartphones, tablets, and laptops—for...more

The Latest in Labor Law - New Handbook Rules for All Employers

The federal National Labor Relations Board (NLRB) is at it again. This time, the Board’s general counsel has issued a March 18, 2015, Report Concerning Employer Rules. The Report is a detailed document setting forth the...more

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