News & Analysis as of

Employment Policies

The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a case filed May 8 in federal court in New Jersey, the EEOC sued an IT staffing firm for age discrimination on behalf of a candidate seeking placement into an position with one of the firm’s clients....more

Puerto Rico Employers Brace for New Right to Religious Freedom Accommodation Requests

by Littler on

Earlier this year, the Governor of Puerto Rico signed into law the Labor Transformation and Flexibility Act (“the Act”). While the Act makes substantial changes to virtually all existing Puerto Rico employment laws, it also...more

Untangling Service Contract Act Vacation and Sick Leave Requirements - Set-Aside Alert

by PilieroMazza PLLC on

Complying with Service Contract Act (“SCA”) leave requirements is challenging, even more so if service employees live in a state or country with local sick leave laws or if the contract is subject to Executive Order 13706,...more

Marijuana Farm Employees Face Numerous Health Hazards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more

Managing Workplace Harassment: 2017 Trends and What Employers Should Know

by NAVEX Global on

As employers look ahead and plan for the rest of 2017, one of the most significant challenges they’ll have to address is workplace harassment. There are multiple factors driving rapid changes in the workplace, creating...more

Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers

by Baker Donelson on

Across the country, employers and companies are dealing with efforts to decriminalize and legalize marijuana, both medicinal and recreational. In November 2016, by constitutional amendment, Arkansas legalized medical...more

Non-Union Employers Beware: Your Employee Handbook May Violate Employees’ Rights

by Carlton Fields on

Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization? What about speaking to the press or media? Such policies are common and routinely included...more

If Pain, Yes Gain—Part XXIX: Arizona Announces Draft Sick Leave Rules

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Arizona—the sixth state with a paid sick leave law—has published its much anticipated Notice of Proposed Rulemaking for its law going into effect on July 1, 2017. ...more

B.C. bans employers’ mandatory high heels policies in some workplaces: amendments to footwear regulations now in effect

by Dentons on

On April 7, 2017, the British Columbia government amended the footwear regulation under the Occupational Health and Safety Regulation, BC Reg 296/97 (the “Regulation”) to specify that employers cannot require a worker to wear...more

Second Circuit Weighs in on Social Media, Profanity, and the NLRA

by PretiFlaherty on

One of the fundamental protections of the National Labor Relations Act is that employers may not discipline employees for engaging in concerted activities relating to the terms and conditions of their employment. Whether an...more

Workplace Performance Concerns Lead to Privacy Violation

by Dentons on

A recent Order of the Office of the Information and Privacy Commission of Alberta (OIPC) provides guidance on potential privacy traps when managing performance issues in the workplace....more

Standing ovation for Adam Jones at Fenway

by FordHarrison on

Last Monday, the Orioles made headlines for more than just their 5-2 win over the Red Sox at Fenway Park. Orioles player Adam Jones reported that Red Sox fans called him a racial slur several times and threw a bag of peanuts...more

As July 1 Effective Date Approaches, Cook County Issues Draft Regulations for Paid Sick Leave

by Franczek Radelet P.C. on

As we have previously reported, both Chicago and Cook County have passed paid sick leave laws that entitle covered employees to earn up to 40 hours of paid sick leave per year. Our previous alerts on these ordinances, provide...more

A Dealership’s Guide To Sexual Orientation Discrimination In The Workplace

by Fisher Phillips on

Following the landmark 2015 Supreme Court decision making same-sex marriage legal across the country, federal courts have grappled with determining which types of claims are actionable under the “sex” provision of Title VII,...more

Expletive-Laced Facebook Rant Protected Under Federal Labor Law

Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more

Ain’t No Mountain High Enough: West Virginia Passes Medical Marijuana Law

by Fox Rothschild LLP on

On April 19, 2017, West Virginia Governor Jim Justice signed a bill legalizing the use of marijuana for medicinal purposes. With the passage of Senate Bill 386, West Virginia becomes the 29th state to adopt a medical...more

Federal Cannabis Legislation: Five Key Considerations for Employers

On April 13, 2017, the federal government introduced the Cannabis Act (Act), which will legalize and regulate the use of cannabis for recreational purposes in Canada. The Act received first reading on April 13, 2017 and, if...more

How to Handle an Employee Who Refuses to Sign Disciplinary Forms

Have you ever had an employee refuse to sign a disciplinary notice? It doesn’t matter if you have enough evidence of wrongdoing to prevail in a court of law, the employee refuses....more

West Virginia Employers Soon to Enjoy Greater Flexibility in Drug Testing Employees, Despite Enactment of Nation’s 29th Medical...

by Littler on

The West Virginia Legislature recently passed two bills – the West Virginia Medical Cannabis Act and the West Virginia Safer Workplace Act – that dramatically change the landscape of West Virginia’s laws on medical marijuana...more

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

In National Labor Relations Board v. Pier Sixty, LLC, No. 15-1841 (April 21, 2017), the Second Circuit upheld the National Labor Relations Board’s (NLRB) finding that an employee’s Facebook post, although “vulgar and...more

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

by Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

California Paid Sick Leave Update: Employer Attendance Policies May Interfere With Labor Code Rights

Many employers enforce attendance policies which assign an “occurrence” for unscheduled, unapproved absences. Although employers generally have discretion to implement attendance policies, such policies should be carefully...more

Random Drug Tests (Still) Not Advisable In Most California Workplaces

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances. California public policy, stated in our Constitution, strongly favors the right...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Cannabis in Canada - A Changing Legal Landscape: Employment & Labour

The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug...more

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