Employment Policies

News & Analysis as of

EEOC Settles Landmark Transgender Discrimination Case

An historic Equal Employment Opportunity Commission (EEOC) settlement was approved by the U.S. District Court in Tampa, Florida, on April 9, 2015. The suit was one of only two gender-identity discrimination claims ever filed...more

Navigating Georgia's New Medical Marijuana Law

With Governor Deal recently signing Georgia's new medical marijuana act into law, we have begun to receive questions as to how the law will affect employers....more

Protecting IP Through Employment Law [Video]

Oftentimes, a patent case will not be decided by patent law, but by employment law. If an invention was developed by an employee or a third-party contractor without the proper agreements in place, the company may find itself...more

California Employer Successful in Arbitration Policy Dispute

Serafin v. Balco Properties Ltd., LLC, No. A141358 (March 16, 2015): The California Court of Appeal for the First Appellate District recently upheld an arbitration award in favor of an employer despite the employee’s...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

An Ounce Of Prevention…Does Your Voluntary Wellness Program Comply With Proposed EEOC Regulations?

The U.S. Equal Employment Opportunity Commission recently issued proposed regulations addressing how the Americans with Disabilities Act applies to corporate wellness programs. These proposed regulations are intended to...more

To Fire or Not to Fire for Employee’s Social Media Posts

After watching the firing of the digital communications manager for the Houston Rockets during their run through the playoffs (read the story here in the Houston Chronicle).  I figured it would be a good time to revisit the...more

Avoiding Job Applicants who Smoke: Is Snuffing out Smokers Discrimination?

Faced with increasing healthcare costs and wanting to be a good role model, Gus Grohcer of Canned Foods 4 Less advises all prospective employees that he does not hire smokers and tests for nicotine, making all job offers...more

A Win for Employers: Court Denies Class Certification of Rest Break Claim Where Plaintiff Alleged Employer Did Not Have a Rest...

A recent federal district court decision denying a motion for class certification of wage-and-hour claims reflects continuing disagreement among courts in California regarding the suitability for class treatment of meal and...more

Office for Civil Rights Issues New Guidance on Title IX

On April 24, 2015, the United Stated Department of Education Office for Civil Rights (“OCR”) issued a Dear Colleague Letter (“DCL”) regarding Title IX Coordinators and a new Title IX Resource Guide....more

SEC Joins Agency Attack on Confidentiality Clauses in Employee-Related Agreements and Policies

In a recent enforcement action, the Securities and Exchange Commission (SEC) took action against a company for "using improperly restrictive language in confidentiality agreements with the potential to stifle the...more

Best Practices in Social Media for Employers Part 4 – Social Media: Post-Employment Considerations

After the employment relationship is terminated, employers should be aware of former employees’ social media activity to ensure continued compliance with any post-employment obligations, including nondisclosure of proprietary...more

Keeping It Classified: Here’s How To Stay Safe In A Technology-Driven World.

Protecting a company’s confidential information is becoming more difficult as technology continues to advance. Plus, an increasingly mobile workforce poses increased risk that employees will breach a company’s security...more

"Make-Up" Time is Attractive to Employees and Employers, but is Easily Misused Creating Risk for the Employer

We wrote recently about "comp time" as an attractive but risky alternative to overtime for non-exempt employees. "Make-up" time falls into the same risky category. Employees often like to make up missed time instead of...more

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

Employer Not Required by ADA to Permit Employee to Telecommute

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

New Guidance Regarding Employee Handbooks Part Three: How Much Do Employers “Own” Their Logo, Copyright and Trademark?

The National Labor Relations Act (NLRA) restricts all employers from issuing policies or rules – even if well-intentioned – that inhibit employees from engaging in activities protected by the act, such as discussing wages,...more

Is Your Employee Handbook a Liability Shield or a Welcome Mat? Don't Let the NLRB Be the Center of Attention

Employers, attorneys, and human resource managers are bewildered at the National Labor Relations Board’s (“NLRB”) recent memo issued March 18, 2015. For better or worse (and most employers would say worse), the NLRB’s...more

Can You Lawfully Prohibit Secret Recordings in the Workplace?

It is a safe bet that most if not all of your employees own a mobile or smart phone. It is also a safe bet that those phones have the capability of capturing pictures, taking video and recording conversations. ...more

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

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