Employment Policies

News & Analysis as of

Employers’ Guide To The 1st Presidential Debate

Seyfarth Synopsis: For a multitude of reasons, the stakes are exceedingly high for employers in the upcoming Presidential election. Legal compliance strategies and effective control of workplace litigation risks inevitably...more

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...more

To tattoo or not to tattoo, that is the question

A recent survey reported on by ACAS (Advisory, Conciliation and Arbitration Service) revealed that young people believe their chance of success in an interview could be affected by their tattoos. This is despite recent...more

Construction E-Note - September 2016

Pokémon Go is the newest craze to hit smartphones, finding colossal success in America. Some estimates claim that five percent of all android users had installed the game on their phones within one week of launch. Nintendo’s...more

You Can't Say That! Or Can You? - Discussing Politics at Work

The 2016 presidential election season has been particularly divisive, with candidates trading insults on a regular basis. Naturally, conversations about politics and candidates spill over into the workplace. A recent survey...more

I’m an Ontario Employer—What Workplace Policies Do I Need to Have?

There are various workplace policies that a provincially-regulated Ontario employer must have as a matter of law (the vast majority of employers are provincially-regulated). There are other policies that, while not mandatory,...more

From sports and entertainment to politics and social justice—when worlds collide in your workplace

It’s everywhere. Whether you like it or not, you can’t escape it. While the topics of politics and social justice are undoubtedly important discussions to have in our country, the reality is that they now seem ever present....more

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

The Fault Line Running Under “No Fault” Attendance Policies

Seyfarth Synopsis: Many employers have “no fault” attendance policies in place to manage employee absenteeism. Are these policies putting California employers on shaky ground? Read on... “No fault” attendance policies...more

Maybe That Lawsuit Brought By Your Employee Isn’t So Frivolous

In yesterday’s post, I talked about some of the reasons why an employee’s lawsuit against his or her employer was destined for failure. But employers, I’m afraid you’re not off the hook that easily. This post is for any...more

Lessons From LochteGate: Strategies to Avoid Olympic-Sized Workplace Disqualifications

U.S. Olympic swimmer Ryan Lochte’s recent alcohol-fueled encounter with Brazilian police during the 2016 Rio Summer Olympic Games embarrassed not only his team and the International Olympic Committee but possibly the entire...more

President Trump? President Clinton? A Workplace Law Preview

Either Republican Donald Trump or Democrat Hillary Clinton will almost certainly be inaugurated as our nation’s 45th president on January 20, 2017. In the four years (or more) that follow, one of these two candidates will be...more

Illinois Increases Protected Leaves for Employees

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave, Illinois has enacted three laws that entitle employees to additional protected leaves.  The Child...more

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In...more

Fired For My Firearm? I’ll Sue!

As if employers already did not have enough reasons to have to think through termination decisions carefully, here is yet another “trigger” word that should make employers think twice about plans to discipline or fire an...more

#Fired: Post a Tweet, Lose Your Job

Many people enjoy spouting off what they view as 140-character tidbits of wisdom on the social media platform Twitter. But recently several individuals have found themselves in trouble with their employers (read: former...more

Sharing of Passwords Under Certain Circumstances Unlawful

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July...more

Firing Of Pot-Smoking State Employee Goes Up in Smoke by CT Supreme Court

You might think that smoking pot on the job as a state employee would be justifiable grounds to get you fired. A no-brainer, right?...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

What To Do About Employee Thieves—Catch Them If You Can!

Seyfarth Synopsis: When employee theft occurs, employers must be cautious in investigating, avoiding self-help, and in deciding if and how to terminate the offending employee. Companies work hard to hire trustworthy...more

Mississippi Says Employers Can’t Prohibit Employees from Having Guns in Their Cars

Many people are saying that this California Employment Law Blog doesn’t spend enough time discussing Mississippi law. Well today that’s going to change....more

Tennessee Employers Can Continue to Prohibit Guns Without New Liability

On July 1, 2016, Senate Bill 1736 went into effect in Tennessee. The law, introduced on January 15, 2016, was the subject of significant controversy. As the first of its kind across the country, SB 1736 as introduced sought...more

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