Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.
Have a policy that spells out an employee’s reasonable lack-of-privacy expectations, but have a similar policy statement prohibiting employees from accessing the personal email or other Internet account of others.
Do not make the mistake of including in your agreement a covenant forbidding the employee from filing a discrimination charge with the Equal Employment Opportunity Commission or other agency. The EEOC will view such a provision as retaliatory under Title VII.Read More
In a political environment that is broadening the National Labor Relations Board's power, a federal court's recent narrowing of the definition of “supervisor” is a big win for employers.Read More
There might be some science behind how employers are using social media posts to screen applicants and hire employees.Read More
In her race discrimination lawsuit, Deen cites 'Hollingsworth v. Perry,' the recent U.S. Supreme Court case that dismissed, on the basis of a lack of standing, the challenge to the illegality of California's gay marriage ban.Read More
Tomorrow's July 4th holiday is a paid day off for many American workers. Last year, I wrote a post titled, '8 Things You Need to Know About Holiday Pay.' In light of tomorrow's holiday, I thought it was a good idea to revisit that list.Read More
Employers have a lot to gain from no-fault attendance policies. In deciding whether to adopt or continue a no-fault attendance policy, however, employers must carefully balance those benefits against the risk of FMLA or ADA violations.Read More
If you are near or above the Worker Adjustment and Retraining Notification Act's 100-employee threshold, and you are considering closing a plant or laying off a large number of employees, check with employment counsel to determine whether the WARN Act will be triggered, and, if so, what specific notices you must provide and to whom.Read More
The moral of story is that employers must read agreements, and not merely assume that a recently terminated employee will play fair.Read More
Make no mistake, this ruling is a huge victory for employers. This case limits vicarious liability only to those who are in an actual position to affect the plaintiff's terms and conditions of employment.Read More