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Policies and Procedures

Revisiting the Misnamed and Misunderstood Term 'Wage Theft'

April 24, 2014
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Most wage and hour mistakes are honest ones born out of a misunderstanding of the law, not a desire to cheat or steal from employees.
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When an Employee Can’t Return to Work After an FMLA Leave

April 22, 2014
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Just because an employee cannot return to work at the end of FMLA leave does not mean you can always terminate the employee. ADA obligations still exist.
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The Importance of Employee-Invention and IP Agreements

April 17, 2014
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These agreements are usually part of a larger confidentiality agreement, or non-competition agreement, but also can be standalone. The point is to avoid any dispute over who created what.
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Hypothetical Violations Doom Employer Confidentiality Policy

April 15, 2014
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Late last month, the 5th Circuit court of appeals in New Orleans ruled on another employer confidentiality policy, and the results should trouble employers everywhere.
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Federal Court Sends Strong Signal to EEOC in Dismissal of Credit Check Case

April 10, 2014
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This case is less about whether credit histories disparately impact African Americans than it is about how the EEOC chose to prove its case.
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Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
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Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.
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Workplace Gossip and the NLRB

April 7, 2014
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It’s okay to 'gossip' in the workplace, as long it’s not 'negative,' said the NLRB.
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The Wage-and-Hour Implications of the NLRB’s Northwestern Football Player Ruling

March 27, 2014
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If scholarship athletes are employees, then they are likely owed minimum wage and overtime. This case has huge implications beyond collective bargaining.
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It's Still Illegal Not to Hire Someone Because They Have HIV

March 24, 2014
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The Americans with Disabilities Act protects HIV as a disability.
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What a Slick Union-Avoidance Campaign Looks Like

March 20, 2014
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Understanding that union avoidance starts as soon as a job candidate walks in your door to apply for a job is the first step in honing the right strategy that will keep your company union free.
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