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Discipline Employment Policies

Williams Mullen

Virginia Employment Law Updates for 2024: Key Changes You Need to Know

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Historically, the month of June brings with it multiple and detailed notices to Virginia-based employers regarding newly enacted or revised statutes with which they must comply. More recently, the number of such legal notices...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

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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

Adams and Reese LLP

[Webinar] 2023 NLRB Year in Review - December 19th, 12:00 pm - 1:00 pm CST

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Adams and Reese Partner Michael MacHarg will lead a one hour CLE webinar to discuss important updates from the National Labor Relations Board over the past year. Registration is free. The webinar will take place Tuesday,...more

Parker Poe Adams & Bernstein LLP

Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more

BakerHostetler

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

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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

Parker Poe Adams & Bernstein LLP

NLRB Reverses Standard for Firing Employees Who Engage in Labor Confrontations

Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more

Balch & Bingham LLP

Employers Review Policies As Medical Cannabis Sales Begin In Mississippi

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With the first legal sales of medical cannabis recently occurring in Mississippi, employers should again take time to review (or familiarize) themselves with how Mississippi’s recent action in legalizing medical cannabis...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Court Says Employee Discharged for Discipline Not Entitled to Payment for Accrued PTO

On February 22, 2022, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had...more

Fisher Phillips

7 Ways to Prevent “Resenteeism” and Promote a Positive Workplace Culture

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By now you’ve likely addressed quiet quitting in your workplace — the phenomenon where workers push back on hustle culture — but what happens if employees take it one step further and start to actively resent their employer?...more

Venable LLP

New York's Lawful Absence Law

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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

Lathrop GPM

Missourians Legalized It; What Does That Mean for Missouri Employers?

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​​​​​​​On Tuesday, November 8, 2022, Missouri voters passed Amendment 3 to the Missouri Constitution, which made Missouri the twenty-first state to legalize recreational marijuana. Assuming the election results are certified,...more

Jackson Lewis P.C.

NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace

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Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act...more

Bradley Arant Boult Cummings LLP

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

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

Whitman Legal Solutions, LLC

Can Employers Stop Employees from Taking a Stand on the War in Ukraine or Require Them to Support the Employer’s Position?

Throughout the United States, businesses perceived to be Russian are being targeted, presumably by people opposing the war in Ukraine. Russian House restaurant in Washington, DC—whose owner is a United States citizen—received...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Employers May Be Able to Discharge Unvaccinated Workers Under Employment-at-Will Doctrine

In a pair of related rulings in Hayes v. University Health Shreveport, LLC, and Nelson v. Ochsner Lafayette General, the Supreme Court of Louisiana held on January 7, 2022, that private Louisiana employers may mandate...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures

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

Proskauer - Labor Relations Update

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

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

Winstead PC

Fifth Circuit Reminds Employers of the Importance of Contemporaneous Documentation and Flexible Progressive Discipline Policies

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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

McGlinchey Stafford

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

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Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

Benesch

NLRB Makes it Simpler to Discipline Profane or Abusive Employee Conduct

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On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more

Fisher Phillips

NLRB Rules That Employers Need Not Tolerate Sexist, Racist, Or Abusive Conduct By Employees Engaged In Otherwise Protected...

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In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more

Proskauer - Labor Relations Update

NLRB Restores Precedent, Gives Employers Freedom to Unilaterally Discipline Union Employees Between Certification and First...

The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board...more

Parker Poe Adams & Bernstein LLP

Employers React to Employee Social Media Posts Over Nationwide Protests

As widespread protests against police use of force continue nationwide, a number of employers have received complaints that employee social media comments on the protests include racist content. Employers naturally hesitate...more

Ervin Cohen & Jessup LLP

20 Steps To Avoid Employment Lawsuits

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I have been asked by more than one frustrated California employer how to avoid or reduce employment lawsuits. It is not easy question to answer as there are many variables that go into generating employment law claims....more

Barnea Jaffa Lande & Co.

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

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From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more

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