News & Analysis as of

Employment Policies Hiring & Firing

When should a business consider terminating an employee accused of sexual harassment?

Repeated reports of sexual misconduct by high-profile men have put sexual harassment issues in the public eye. New allegations seem to be surfacing daily. Some of the accused have admitted to their conduct, some have admitted...more

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

by Hogan Lovells on

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards

by Franczek Radelet P.C. on

Recently, we noted that the winds of change are blowing at the NLRB. Last week, those winds picked up considerable force as the newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer...more

Sticking it to Your Employees During Flu Season

by Gray Reed & McGraw on

Frustrated with the high number of employees that did not show up for work in the fall and winter last year, Jim Duncey, the owner of Duncey’s Caps, Inc., issues a memo to all employees that they must provide proof that they...more

Summary of Select New Laws Impacting California Employers

The new year will bring many changes to California’s employment laws in various areas, including hiring practices (such as a statewide “ban the box” law); leaves and benefits (including expansion of parental leave to small...more

How to Get Yourself Fired for a Facebook Post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

California's New Anti-Harassment Training Requirement (SB 396). Are You Ready?

On October 15, 2017, California passed Senate Bill (SB) 396, a new law that requires employers to train supervisors on how to identify and prevent harassment based on gender identity, gender expression and sexual orientation....more

Medical Marijuana is Coming—Is Your Business Ready?

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

Are We at a “Tipping” Point for Wrongful Discharge Claims in Minnesota?

by Dorsey & Whitney LLP on

A bartender is told by his employer, in violation of state law, that he must share tips with other employees. He refuses to comply and is fired. The state law in question says he can sue for being required to share tips, but...more

Impact Of Recreational Marijuana On Your Business

by SmithAmundsen LLC on

While marijuana use remains unlawful under federal law, 30 states and Washington D.C. have legalized some form of medical use. Eight states and Washington D.C. have legalized recreational marijuana for adults. More cities,...more

Termination For Social Media Activity May Result In Unemployment Compensation Benefits

by Pepper Hamilton LLP on

Q. Our Company just terminated an employee for a social media post that was in violation of our social media policy. Will she be entitled to unemployment compensation benefits? ...more

EEOC Scores Victory in Sexual Orientation Discrimination Lawsuit

by Foley & Lardner LLP on

In recent years, the Equal Employment Opportunity Commission (EEOC) has increasingly focused its enforcement initiatives on prohibiting sexual orientation discrimination in the workplace. Now, the agency has a concrete...more

A “Smoky” Legal Issue for 2018 – Medical/Recreational Marijuana In the “Workplace”

by Kelley Drye & Warren LLP on

Marijuana remains illegal under federal law. However, there are many states, and a few cities, which have legalized medical and recreational marijuana – creating challenges for employers, as these laws “sprout up” (pun...more

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

by Littler on

The Ontario Court of Appeal recently upheld a lower court’s dismissal of an employee’s claim for payment of a bonus after resignation because the employer’s non-discretionary bonus policy included an “active employment”...more

US Employers Hiring In Canada – The Basics Part I: Good Bye Employment At-Will; Hello Entitlements

by Fisher Phillips on

Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence). In these...more

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

by Dorsey & Whitney LLP on

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing...more

Flipping Out Over Flipping Off: What Are the Limits on Regulating Employee Political Speech?

Around the end of October, a photo of a government contractor employee flipping the bird to President Trump’s motorcade went viral after the woman made it her profile picture on Facebook. She was subsequently fired for a...more

Way to Get Fired Number 4,527: Posting A Picture of Yourself Flipping Off the President

In a prior blog post, we discussed whether a private employer can terminate an employee for protesting. This week, we have another example of “off-duty employee” conduct that may result in them standing in the unemployment...more

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

by Fisher Phillips on

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more

Preparing for the New Massachusetts Equal Pay Law, Part II: Which Policies to Revise in Light of the Upcoming Effective Date

As we get closer to the July 1, 2018 implementation date for the Massachusetts Equal Pay Act (MEPA), it is time to focus in earnest on practical workplace considerations for affected employers. Although the MEPA does not...more

I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation

by Cozen O'Connor on

Michael Schmidt, vice chair of Cozen O'Connor’s Labor & Employment Department, discusses how to engage your employees in today’s unique workplace and navigate a multi-jurisdictional set of employment laws. This episode...more

Are You Doing Enough to Protect Your Company's Secrets?

by Fisher Phillips on

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is...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 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

Regulating Speech at Work

by Pepper Hamilton LLP on

Q: Can a private employer limit its employees’ speech and political activity in the workplace? A: Yes, but not speech that is considered part of a “concerted activity.”...more

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