Blog

Policies

Massachusetts: Firing an Employee for Filing a Rebuttal in Their Personnel File Violates Public Policy
December 23, 2021
In Massachusetts, employees have a statutory right to respond in writing to anything negative their employer puts in their personnel file unless the employer agrees to make changes that are satisfactory to the employee.  But is that right limited in any way?
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The EEOC’s Very Broad Approach to National Origin Discrimination and English-Only Policies
March 4, 2021
In my next installment of what has turned out to be a series on the articles written by EEOC staff members for its quarterly Digest of Equal Employment Opportunity Law, I offer you some interesting tidbits from its most recent publication, addressing national origin discrimination under Title VII – a protected characteristic that is surprisingly wide in scope and, as the EEOC notes, often overlaps with race, color, or religious discrimination.
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Can Employers Terminate for Off-Duty Conduct (Say, Like Storming the Capitol)?
January 15, 2021
What exactly are the parameters of when an employer can take action against an employee for engaging in off-duty activities that an employer may find repugnant? 
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Politcal/Social Expression and Upheaval
January 11, 2021
The events leading up to and occurring on January 6th in our nation’s capitol and at several state capitols raise questions about an employer’s rights to hold employees accountable for their political expression and behavior away from work.
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Oregon Workplace Fairness Act Provisions Effective October 1, 2020
September 28, 2020
The Oregon Legislature’s response to the #MeToo Movement came in the form of sweeping legislation.
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Flu Vaccine Considerations
August 27, 2020
As August comes to a close, many employers are anxious that with Fall will come flu season, placing employers in the position of battling staffing challenges and employee health issues from two dueling infections.
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Wait! What Does the NLRB Think About Social Media Policies?!
September 25, 2019
As those of you who pay attention to the National Labor Relations Board know, the issue of social media policies is an area particularly fraught with confusion.
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Uniforms Under the Fair Labor Standards Act
January 28, 2019
Many employers are not aware of potential liabilities that are involved when employees are required to wear uniforms at work. With respect to uniforms there are two specific issues that employers must consider.
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Holiday and New Year Reminders for Employers
December 6, 2018
It is the time of year for holiday parties. While a good time can be had by all, employers need to be sure to set expectations beforehand.
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Boards of Directors in the Bullseye: #MeToo and the Fiduciary Duty
November 29, 2018
Allegations of sexual harassment perpetrated by top officials are not new, nor are lawsuits or threats of lawsuits based on those allegations.
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New York City to Require Lactation Rooms and Policies
November 26, 2018
On November 17, 2018, The New York City Human Rights Law was amended to require most New York City employers to develop written “lactation room accommodation” policies and to accommodate employees who need to express breast milk by providing lactation rooms and refrigerators for breast milk storage, absent an undue hardship.
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Employer Liability for Employee Cell Phone Use Behind The Wheel
October 4, 2018
The individual risks and potential liability associated with behind-the-wheel cell phone use are well known. What may be lesser known is the extent to which an employer can be held liable for a cell phone-related accident involving one of its employees.
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Tweets Follow

Jun 22

New @shrm Court Report: Employer Avoids State Law Liability for Alleged Conduct That Would Have Violated Federal Law https://t.co/JikyMA9ua7

Jun 20

The Supreme Court Renders An Important Victory For Employers https://t.co/5bPXNM7Wat

Jun 16

Chambers and Partners Recognizes 13 Worklaw® Network Member Firms, 36 Member Lawyers https://t.co/oDsjULO9ZU