Discrimination claims are determined by a three-step analysis under which often the third step — pretext — is key. The first steps are relatively simple to establish. For the first step in their prima facie case, a plaintiff...more
The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target. Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more
11/15/2022
/ Artificial Intelligence ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Section 7
Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more
The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more
Returning to work after stay-at-home orders are lifted raises a host of issues for employers. For one specific group of employees, businesses may have thought the issue was clear: employees in at-risk categories should remain...more
In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more
For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more
8/29/2018
/ Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
New Guidance ,
New Rules ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Unions
“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay...more
4/25/2018
/ Appeals ,
Class Action ,
Damages ,
Employer Liability Issues ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Job-Related Factors ,
Pay Equity Laws ,
Salary/Wage History ,
Settlement ,
State Legislatures ,
Wage and Hour
Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more
Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more
The employment laws with which businesses must comply continue to grow in complexity and number. Within the last few months alone, federal agencies have been busy releasing new guidelines affecting a myriad of workplace...more
The National Labor Relations Board recently issued its new rule for union organization elections. The new rule makes several changes, most significantly shortening the time frame for conducting a union election, requiring the...more