Topic: Employment Law

3 Cheers for Holiday Parties! 5 Rules for Limiting Employer Liability!

Throwing a company holiday party? You’ll want to establish some ground rules. Of course, we have our own such “guidelines” – gleaned from years of experience – for making sure things don’t get out of hand: clear out the mistletoe. Lock up the supply closets. Unplug the self-tweeting Xerox machine. Don’t let that tall guy… Read more »

NLRB Says “No” to Confidentiality in Workplace Investigations?

The National Labor Relations Board recently ruled that healthcare provider Banner Health was not justified in enforcing a rule that prevented workers from discussing an internal investigation with colleagues. (The board said that such a rule violated employee rights to engage in protected concerted activity.) It’s an important decision affecting all businesses, because asking employees to… Read more »

Could Your Employee Leave Policies Get You Into Trouble?

“In EEOC v.Dillard’s Inc., the Court held that Dillard’s attendance policy violated the federal Americans with Disabilities Act because it required any health-related absence to be supported by a doctor’s note stating ‘the nature of the absence (such as migraine, high blood pressure, etc…).’” (Employers Generally Cannot Require Reasons for Sick Leave by White &… Read more »

Supreme Court Finds States Immune from FMLA Self-Care Provision Lawsuits

On March 20, 2012, the U.S. Supreme Court held in Coleman v. Court of Appeals of Maryland that states are immune from lawsuits under the self-care provisions of the Family and Medical Leave Act (FMLA). In plain English: state employees cannot sue their employers, even when those employers violate one of the core provisions of… Read more »

NLRB Employee Rights Poster: Federal Court Upholds Rule and April 30 Deadline

Stop us if you’ve heard this one before… The National Labor Relations Board’s poster rule, requiring both union and non-union employers to post notice of employee rights under the National Labor Relations Act, is back in the news: “On March 2, 2012, a federal district court in Washington, D.C. upheld the authority of the National… Read more »

Workplace Discrimination: 7 Areas Targeted by the EEOC

“The [Equal Opportunity Employment Commission] received a total of 99,947 charges of discrimination in fiscal year 2011, a slight increase from the year before… [and] filed 300 lawsuits and 261 ‘merits’ lawsuits, which include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the EEOC and suits to enforce… Read more »

5 Health Law Updates for Employers. You Should Know…

For your reference, here are five health law updates of note for all employers. You should know: 1. The Tale of the Tape: Healthcare Reform Law Reaching the Workplace [Sheehan] “The Patient Protection & Affordable Care Act (PPACA) imposes a number of mandates, on individuals, employers and insurers. While some mandates have been highly publicized… Read more »

How Many of These Essentials Are in Your Employee Handbook?

From law firm Dinsmore & Shohl, a list of ten essential policies and procedures you need to include in your employee handbook. Because your handbook is a key tool for communicating trust and establishing successful relationships with your workers: “It is the employee handbook that creates company policies, procedures and expectations that serve to avoid… Read more »

7 Employment Law “Hot Buttons” for Small Business – A Legal Roundup

The landscape of employment laws evolves quickly, and entrepreneurs and small business owners are often left scrambling to understand new rules and implement new procedures. To reduce the stress, read these legal updates on seven employment law “hot buttons” that should be on the radar screen of every small business: 1.Social Media in the Workplace… Read more »

Business Immigration: Employer Compliance, Employment Authorization Cards, PERM Certification, Visa Updates, & More

“Although the Presidential candidates will not be delving into all the volatile details of immigration in an election year,” writes labor and employment law firm Fisher & Phillips, “employers should tackle immigration issues to avoid monetary penalties and criminal sanctions.” To help you do that, here’s a roundup of recent legal commentary on business immigration… Read more »

Employment Law Roundup: NLRB, California Wage-Hour, OSHA Postings, and More

For your reference, an overview of recent commentary on labor and employment law: National Labor Relations Board NLRB Report Challenges Validity of Many Commonly Used Social Media Policies (Littler) NRLB Report: Employers’ Social Media Policies Must be Narrow, Must not Restrict Right to Engage in Protected Activities (Mintz Levin – Employment, Labor & Benefits) Alternative… Read more »

FMLA Update: Proposed Changes to Military Family Leave Rules

On January 30, 2012, the Department of Labor announced proposed revisions to the Family and Medical Leave Act, including an extension of leave for military caregivers. The changes will not become effective for approximately 60 days, and may be further revised based on comments the Department of Labor receives during that time. Until then, here’s… Read more »

Wage Theft Prevention Act in New York and California: Effective January 1, 2012

On January 1, 2012, wage-theft legislation went into effect in both California and New York, two of the nation’s three most populous states. The new laws require employers to provide employees with a standard set of information regarding their employment conditions. For your reference, here’s a roundup of recent legal commentary and analysis on those… Read more »

Exempt or Non-Exempt Employee? 6 Questions to Help Employers Know the Difference

“As an employer, you may assume you know the difference between non-exempt employees who are entitled to overtime, and exempt employees who are not. For example, you may assume that an employee paid a salary and given certain supervisory authority is exempt. But this assumption is wrong. Misclassifying an employee as exempt when s/he is… Read more »

NLRB Rules Mandatory Class Action Waivers Unlawful: 6 Takeaways for Employers & Employees

On January 3, 2012, the National Labor Relations Board ruled in D.R. Horton that the National Labor Relations Act prohibits mandatory arbitration policies forcing employees to give up their rights to participate in class action lawsuits over workplace conditions. As a result, employers with arbitration policies in place will need to review those policies to… Read more »