News & Analysis as of September 20, 2024

Harassment

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on 10/4/2017

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Political Speech, Discrimination and the Law: How Employers Should Respond to Charlottesville

Obermayer Rebmann Maxwell & Hippel LLP on 8/23/2017

The recent tragic events in Charlottesville, Virginia and other news regarding the activities of white supremacists and similar groups, have served as a rude awakening for many that our national reality has shifted. These...more

The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected Activity?

Bradley Arant Boult Cummings LLP on 8/17/2017

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws....more

Politics in the Workplace

Baker Donelson on 5/25/2017

Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with,...more

Employment Law Navigator – Week in Review: May 2017

Zelle LLP on 5/2/2017

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Will The NLRB’s Protection of Unacceptable Conduct Last?

Akerman LLP - HR Defense on 3/14/2017

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Labor & Employment Issues Facing the Healthcare Industry

Littler on 4/12/2016

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Bradley Arant Boult Cummings LLP on 9/9/2015

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

Hold that Friend Request: Legal Traps in a Post-Facebook Work Environment

Burr & Forman on 8/25/2015

Many well-meaning managers engage with employees on social media websites, and doing so provides a host of benefits: stronger relationships between employees and management; a sense of collegiality; instant updates on...more

At Least The Unicorn Won’t Sue You

Greenberg Glusker LLP on 9/17/2013

When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

Employment Law -- Jul 03, 2013

Manatt, Phelps & Phillips, LLP on 7/5/2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

Pierce Atwood LLP on 1/10/2013

Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

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