News & Analysis as of

Employment Policies Employer Liability Issues

Paid Family Leave Policies May Not All Be Equal: Starbucks Investors Questioning Differing Application of Paid Family Leave Policy

If your company has a family leave policy that goes beyond the legal requirements of the Family and Medical Leave Act (FMLA), does that policy need to apply to all employee levels equally? No. But as Starbucks is currently...more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

The Potential Perils Of "Managing Through The Payroll"

by Fisher Phillips on

Management's already-daunting, time-consuming responsibilities are further complicated by the need to motivate employees to do desirable things and to deter them from doing unwanted things. It is therefore understandable that...more

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

by Proskauer - Labor Relations on

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

by Franczek Radelet P.C. on

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information...more

New California Law Imposes Obligations on Employers During Immigration Worksite Enforcement

by Fisher Phillips on

On October 5, Governor Brown signed AB 450, which will go into effect on January 1, 2018. Among other things, AB 450 prohibits employers from voluntary consenting to ICE access to the worksite without a judicial warrant,...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Wage and Hour Update: Third Circuit Clarifies Standard for Showing Willful Violations in FLSA Overtime Claims

The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the...more

Medical Marijuana 105: Marijuana in the Workplace

by Farrell Fritz, P.C. on

As you may recall from our first post in this series, medical marijuana in New York was legalized through the passage of the New York Compassionate Care Act (“CCA”) in 2014. The CCA also created new anti-discrimination...more

Illinois takes the lead on employee privacy: What employers need to know

by Thompson Coburn LLP on

When it comes to employee privacy protection, employees in the United States generally do not have a right to privacy in their workplace. By contrast, members of the European Union recognize employee rights to privacy and...more

How to Craft an Employee Handbook Outside the United States or Whether to Issue One at All

by Littler on

Most all major U.S. employers, and many smaller ones, have issued and periodically update employee handbooks—staff guides explaining how the organization’s particular workplace works. U.S. human resources experts almost...more

Washington Employers: Prepare To Face New Workplace Laws

by Fisher Phillips on

The past year has brought multiple new workplace laws that will require employers in Washington to change several key policies and procedures. Below is an update that provides a general overview to help you prepare for these...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

FEHA Expands Protections for Gender Identity and Expression

by Ervin Cohen & Jessup LLP on

The Fair Employment and Housing Act (FEHA) now has additional protections against discrimination on the basis of gender identity and gender expression in the workplace. The new FEHA regulations, entitled “Regulations...more

Keep Identifying Information out of Job Applications and Advertisements

by Foley & Lardner LLP on

Certain job advertisements have drawn media scrutiny in recent weeks, including dozens of postings seeking applicants with a “neutral” accent for language teaching, sales, and IT support jobs. Another trend, in the opposite...more

Faulty Issues With No Fault Attendance Policies

by Baker Ober Health Law on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

WEB EXCLUSIVE: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

by Fisher Phillips on

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

"I'm Not Paying For That": Update On Using Timekeeping Policies To Defend Off-The-Clock Claims

by Fisher Phillips on

We have recently focused upon the growing number of federal court decisions under the federal Fair Labor Standards Act that have given legal weight to carefully-crafted, well-maintained employer policies requiring employees...more

Second-Guessing The Advice Columns: Bad HR Practices Aren’t Necessarily Illegal.

It’s been a while since I’ve picked on an advice columnist for leading readers astray on employment law, but we have one, from the usually-sound Work Advice column by Karla Miller of The Washington Post. The letter writer...more

Leaving Defenses On The Table In Drafting Employee Handbooks And Posting Notices

by Jackson Lewis P.C. on

While off-the-shelf employee handbooks can be cost-efficient in the short-term, sometimes they leave important employer defenses on the table. This is particularly true for state-specific defenses. For example, while most...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

[Webinar] The Impact of Workplace Violence as it Relates to Employment Laws and OSHA - September 19th, 1:00pm ET

by Conn Maciel Carey LLP on

Approximately 1 million workers experience violent acts at work annually. Violence in the workplace is a major concern for employers especially given the events that took place in 2016 in San Bernardino Inland Regional Center...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws

by Shipman & Goodwin LLP on

Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent...more

Back to School, Back to Work – Parental and Family Rights in the Workplace

The end of August marks the beginning of the yearly “back to school” ritual. Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick...more

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