Employment Policies

News & Analysis as of

Checklist for Employers to Comply with New California Laws

Employers should take action to ensure compliance with new employment laws that take effect January 1, 2015. In September 2014, California Governor Jerry Brown signed more than 300 new laws, many of which may require...more

Reminder – Immediate Action Required Under New Illinois Pregnancy Rights Provisions

On January 1, 2015, Illinois Human Rights Act amendments providing additional rights to pregnant employees will take effect. As previously mentioned, the law will require some immediate steps by employers....more

Employer Liability for Employees’ Privacy Violations: What your organization should learn from Walgreens’ expensive lesson (hint:...

You may already have read the scintillating facts surrounding a jury award of $1.44 million (recently challenged unsuccessfully on appeal) against Walgreen Co. (Walgreens) following its pharmacist’s alleged inappropriate...more

Does the Pregnancy Discrimination Act Require Light Duty Assignments for Pregnant Workers?

The Supreme Court recently heard oral argument in Young v. UPS, a case that could drastically impact accommodation policies for pregnant employees. Up until now, courts widely held that employers could offer light-duty...more

Back at it Again: NLRB Invalidates Employer’s “Overbroad” Solicitation Rule

We have posted extensively about the NLRB’s crusade against overbroad workplace policies, ranging from social media policies to workplace conduct and disciplinary policies and everything in between. Well the Board is back at...more

Consent is Key for BYOD

With Black Friday behind us and holiday shopping still heating up, ‘tis the season when many of us will acquire new gadgets and technology to power our digitally-enhanced lives. For businesses, this time of year also means...more

“Super” Anti-Harassment Policy May Create Unanticipated Liability

Ordinarily, employers think of anti-harassment policies as a means of defending themselves against harassment claims rather than a source of liability. However, a recent decision from a U.S. District Court in Connecticut...more

Employment Law Blog: Going Viral - Why You Need to Add a No-Recording Policy to Your Handbook

It's not just the Millennials who are obsessed with documenting every aspect of their lives. Everyone does it. Smart phones make it incredibly easy to snap pics, video, slo-mo, or time lapse every minute of our lives. ...more

Employer’s Super Anti-Harassment Policy May Increase Its Liability

A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company...more

Yule Time Tips, Part I: Gifts That Keep on Giving—Holiday Gifts for Colleagues

As the end of the year and the holidays draw near, many of us will express our gratitude to friends and family by exchanging gifts. As we are making our holiday gift lists, we may also find ourselves considering gifts for our...more

No Smoking = No Vaping?

The days of lighting up at the office are making a comeback in some workplaces, thanks to the growing popularity of electronic cigarettes. According to the Centers for Disease Control, in 2013, one in five adult smokers...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Employer's "Super Policy" Against Harassment Requires Employer to Protect Employee Beyond That Which is Required by Law

A Costco employee suffered from Tourette's syndrome, and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well...more

Placing “Limits” on “Unlimited” Vacation Policies

With flexibility and work-life balance becoming increasingly important to employees, employers are rethinking the concept of vacation time as a fringe benefit; and some employers are responding to the needs of their employees...more

Can Your Employees Understand Your Policies? How Readability Impacts Your Ethics & Compliance Program Effectiveness

I’m a new mom of a beautiful 16-month-old little girl. One of her newfound loves is watching a television show called “Sofia the First.” Sofia is a little girl who suddenly becomes royalty after her mom marries the king....more

Zero Tolerance for Marijuana Use by Employees: A Prescription for Litigation?

The dramatic inconsistency between federal and state law with regard to the use of marijuana may mean that employers with zero tolerance policies for marijuana use will face an increasing likelihood of litigation over the...more

LITIGATION ALERT: Can Employers Prohibit Employees From Discussing Their Salaries?

As we approach the end of the year, many employers are in the process of completing annual performance reviews and making decisions related to employee compensation. As a result of normal water cooler talk and office...more

The Approval of Recreational Marijuana Use May Change Workplace Drug Policies

Efforts to legalize marijuana secured major victories last Election Day when voters in Oregon, Alaska and Washington, D.C. approved laws allowing for the recreational use of a plant previously touted as the "evil weed" by the...more

‘Tis the (Retail) Season, Part III: Five Tips for Hiring Seasonal Workers

It’s that time of year once again! Retailers are gearing up for the holidays and hiring seasonal workers in droves. Unfortunately, the flurry of activity and the common misperception that seasonal workers have a different...more

The Importance of a Code of Conduct

Companies and Chief Compliance Officers have taken significant actions to emphasize the importance of a company’s code of conduct. A well-designed code of conduct is a foundation for an effective ethics and compliance...more

Dogs: An Office's Best Friend?

Employers across the country are recognizing the benefits of pets, especially dogs, in the workplace and implementing policies that allow employees to bring their pet companions to work. Originally published in The...more

Dress Codes In The Workplace: Are They Discriminatory

Many employers have adopted dress codes in the workplace that contain restrictions on a number of commonly seen “trends” that are prevalent among young employees. In particular, there is a rise in the number of employers who...more

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

Your HR Holiday List

While you are making your other holiday lists (and checking them twice!) this season, one you may want to think about is an "HR holiday list" – a checklist of Human Resource-related items to consider for 2015. These...more

Don't Get Caught Out in the Cold: Winter Wage Law Woes

Now that winter will soon be officially here and many parts of the country are expecting snow in the near future, employers should be mindful of how winter weather impacts wage laws. Employers should review their inclement...more

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