News & Analysis as of

Employment Policies

“Inclusion Riders” On The Storm

Last night, Oscar-winner Frances McDormand ended her acceptance speech with a reference to two words – “Inclusion Rider” – that sent many Oscar viewers scrambling to Google her cryptic message. But the term, and its legal...more

Don’t Call It A Comeback: The “Return” Of Workplace Civility Rules

by Fisher Phillips on

Dear Susan, I have to tell you about a situation that has been occurring between John and myself. But it’s not what you think! Well, maybe it is. I don’t know. I’m hoping that, as our supervisor, you can help me. To put it...more

Massachusetts Pregnant Workers Fairness Act Update: Commission Guidance And Q&As Available

by Jackson Lewis P.C. on

The Massachusetts Commission Against Discrimination (MCAD) on February 28, 2018, issued questions and answers (Q&A) to provide additional interpretive information about the Massachusetts Pregnant Workers Fairness Act (PWFA)....more

To Protect and Serve: Privacy Concerns for Public Employers

Do public employees have private lives? In other words, just how much can a public employer base decisions on an employee’s off-duty conduct? The Ninth Circuit, in a recent opinion, disagreeing with both the Fifth and Tenth...more

A Potential P[l]ot Twist For Medical Marijuana And The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more

Ignorance Is Not Bliss: It’s Time To Enact A Meaningful Sexual Harassment Policy

by Fox Rothschild LLP on

Each day more and more women come forward to share their stories of abuse within the workplace and without. And people are actually listening. In the not-so-distant past, the primary concern for some employers may have...more

Welcomed Draft Commentary from the Sedona Conference on BYOD

by Murtha Cullina on

Many organizations struggle with whether to permit employees to use their own electronic devices (e.g., mobile phones, tablets, laptops) to conduct business on behalf of the organization. In addition to discovery challenges...more

February 2018: Defining Sexual Harassment: The State of the Law

Litigation involving sexual harassment, in a variety of forms, emerged as a recurring headline in 2017 and shows no sign of slowing in 2018. The increase in sexual-harassment claims coincides with the widespread and...more

Regulation of the telework. Obligation to amend the individual employment agreements. Sanctions of up to RON 10,000/person.

by Allen & Overy LLP on

On 28 February 2018 the Romanian Parliament adopted a new piece of legislation regulating the telework (the Telework Law) which is pending for promulgation by the Romanian President. The Telework Law will apply only after its...more

Canada: SCC in Stewart v. Elk Valley, Upholds Employer's 'No Free Accident' Alcohol and Drug Policy

by Dentons on

On June 15, 2017, the Supreme Court of Canada released a landmark decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30), reinforcing the right of employers to take proactive risk mitigation and management measures through...more

Labor & Employment E-Note - February 2018

by Burr & Forman on

According to the Weekly U.S. Influenza Surveillance Report, as of the February 10, 2018 week’s end, influenza activity remained elevated across the United States. The 2017-2018 flu season has been intense – so much so that...more

Company Culture, #MeToo and Anti-Harassment Programs

by Michael Volkov on

Companies do not operate in a vacuum. As we know, companies are part of our social fabric and are subject to the same influences as our communities, politics and families....more

Employers Can Maintain a Drug Free Workplace in California Despite State Legalization of Recreational Marijuana

by Bryan Cave on

California’s passage of the “Control, Regulate, and Tax Adult Use of Marijuana Act,” commonly referred to as Proposition 64, legalized the sale, possession, and use of recreational marijuana under limited circumstances....more

NRLB Rules on Google’s Firing of Outspoken Engineer

by LeClairRyan on

A recently released NLRB memo has concluded that Google did not break any labor laws when they fired James Damore. Damore, a senior software engineer, was fired in August after writing and circulating an internal memo that...more

Philly Off-Duty Employee Did WHAT? Some Tips So Employer Doesn’t Step in It, Too

by FordHarrison on

For the first time since 1960, the Philadelphia Eagles are Super Bowl Champions. Inspired play from backup quarterback Nick Foles and some gutsy moves from coach Doug Pederson propelled the Eagles past the favored Patriots in...more

Legal Perspective: Fighting harassment in the workplace

by GableGotwals on

Since the Supreme Court’s 1998 landmark decisions in Burlington Industries v. Ellerth and Faragher v. City of Boca Raton, employment lawyers and human resources professionals have spent the last 20 years preaching no...more

The Privacy Perils of Employees’ Personal Phone Calls

California court: Employers unwise to permit use of company telephones for personal calls — at least if the employer plans to record those calls. Two-party consent means two-party consent: All parties to a call must be...more

Be Careful What You Say: Not Everything’s O.K.

The National Labor Relations Act (“NLRA”) makes it unlawful to terminate an employee who engages in concerted, protected activity, which generally means that you can say, object and complain, and offer suggestions to your...more

Does My Business Need an Employee Handbook?

While your business is not required to have an employee handbook, handbooks do offer many legal and non-legal benefits. A well-drafted and regularly updated employee handbook can provide employees and their supervisors...more

The Practical NLRB Advisor: Winter 2018

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2018 issue of the Practical NLRB Advisor. This issue examines how the National Labor Relations Board (NLRB) is...more

Where is the Line? Options for Professional Leagues and Teams Facing On-Field Player Social Activism

In July 2016, four players on the Minnesota Lynx WNBA team wore black shirts in support of the Black Lives Matter social justice movement. The WNBA fined the players, but later rescinded the fines. In August 2016, San...more

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

by Jackson Lewis P.C. on

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing...more

InsideUp To Settle EEOC Disability Discrimination Lawsuit

Small Marketing Business Fired Employee Because of His COPD, Asthma and Emphysema, Federal Agency Charges - SAN DIEGO - InsideUp Inc., a San Diego-based marketing company, will pay $10,500 and provide other significant...more

Employee Social Media and Employee Discipline – Caution

by Ruder Ware on

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

The Need to Go Above and Beyond the ADA in Maryland: Disabled Applicants/Employees Need Individual Assessments

by Pessin Katz Law, P.A. on

In light of developments in Maryland employment discrimination law, employers are strongly encouraged to re-examine their reasonable accommodation policies and procedures. When confronted with a reasonable accommodation...more

1,372 Results
View per page
Page: of 55

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.