California Employment News: How to Draft Employee Disciplinary Records to Protect Your Business
Susan Roberts on Creating a Compliance Program Book
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 21 of One Month to Better Compliance Through HR-the HR Gap Analysis for Compliance
Operationalizing Compliance Through Your Tone in the Middle
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Day 7 Of One Month To Better Compliance Through HR - Six Principles For Compliance Incentives
Ten Hallmarks of an Effective Compliance Program-Hallmark 6
Episode 155-Mara Senn on FCPA Investigations and the Decision to Self-Disclose
In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more
In a decision significant to employers that employ strike replacement employees or that may consider hiring strike replacement employees, the National Labor Relations Board (NLRB) found that such employees hold the right to...more
In Constellium Rolled Products Ravenswood v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit addressed the tension between a worker’s Section 7 protected and concerted activity rights under the National...more
Talking to an employee about her retirement plans when considering the termination of her employment as discipline for a policy violation is not per se age discrimination, according to the U.S. Court of Appeals for the Sixth...more
On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA)...more
Since the enactment of the National Labor Relations Act in 1935, employers maintained their right to discipline newly-represented employees while bargaining for a first contract without having to provide the union notice and...more
In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that...more
The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more
Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more
The US Patent and Trademark Office (PTO) initiated a two-year Diversion Pilot Program to align its attorney discipline program with the practices of more than 30 states. The program is designed to give patent and trademark...more
A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more
Prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or...more
France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more
Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and...more
Plaintiffs seeking compensation for sexual harassment must demonstrate that they were subjected to a hostile and offensive working environment. Plaintiffs in same-sex harassment claims have the additional burden of proving...more
A federal appeals court recently revived a former employee’s gender discriminatory discharge claim even though there appeared to be legitimate reasons for her termination. The decision suggests that employers take a big...more
Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more
Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more
The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers. The Court held that an employee who makes “serious and credible threats of violence...more
Employment litigation can be expensive and time consuming. Success or failure in defending your company can turn on either the law or the facts. You can’t do too much to change the law that applies to any given case. But...more
An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more