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 this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more
Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more
Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more
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
On August 31, 2023, the National Labor Relations Board (NLRB or the Board) issued a pair of decisions that continue the agency's recent trend of broadening the reach of the National Labor Relations Act (NLRA). With these two...more
When we discuss disciplinary options with employers following confirmation of harassment complaints, we consider the potential risks involved with retaining the employee who was the subject of the complaints. These risks...more
On May 24, 2023, Governor Tim Walz signed into law omnibus legislation that includes an amendment to Minnesota’s labor law that protects employees’ right to discuss the employees’ own wages. This amendment further defines the...more
Please join us for a one hour CLE on challenging issues that can confront employers when the desire to discipline employee absences or other work conduct intersects with legal requirements to provide job protected leave or...more
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more
On May 1, in its Lion Elastomers decision, the Board overruled Trump-era precedent (General Motors) that made it easier for employers to discipline workers for outbursts in the context of workplace activism and union-related...more
After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work,"...more
On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more
On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the Law). The Law amends §215 of the New York Labor Law (NYLL) to "clarif[y] that workers shall not be punished or subjected to...more
On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. Specifically,...more
A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more
A new National Labor Relations Board (the “Board”) decision has laid the groundwork for the Board to extend “Weingarten” rights – the right of union employees to have a union representative accompany them at disciplinary...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
Last week, my colleagues and I presented a webinar entitled “Employer Update: Practical Advice from Employment Litigators in the Trenches”. In this second episode of our summer webinar series, we provided practical guidance...more
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the importance of keeping detailed disciplinary records for all employees and explain what type of documents should be included. ...more
It’s never a good idea for an employer to ask an employee who is subject to potential termination about their retirement plans. However, what happens if the employee raises their retirement plans in the context of a...more
If you’ve been following along, you know that we have been keeping you up to date on the various events surrounding the Government’s issuance of COVID Safety Protocols Guidance, and the related FAR Deviation Clauses, for...more
On September 27, 2021, California Governor Gavin Newsom signed Assemblywoman Lorena Gonzalez’s Assembly Bill 1003 into law. This new legislation establishes that intentional theft of wages or tips by employers is punishable...more
Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more
In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more
The United States Court of Appeals for the Fifth Circuit recently reminded employers that they should create and maintain contemporaneous documentation for their personnel decisions and implement flexible progressive...more