Blog
What are your Rights When ICE Arrives at Your Workplace?
June 14, 2018
A visit from the Unites States Customs and Immigration Services (or “ICE” as it’s commonly known) is stressful for most organizations.
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Supreme Court Provides Little Guidance to Employers Traversing the Juncture of Civil Rights and Freedom of Expression
June 12, 2018
Many were anxiously awaiting the Supreme Court’s ruling in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission. Unfortunately, the case was decided on narrow grounds and there is little to take away from the Court’s ruling for employers or anyone else.
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NLRB Issues New (And More Balanced) Guidance on Handbook Rules
June 8, 2018
On June 6, 2018, the General Counsel of the National Labor Relations Board issued guidance on lawful and unlawful handbook rules under the National Labor Relations Act. This guidance follows the GC’s December 1, 2017 withdrawal of prior guidance on handbook rules that had been issued in 2015.
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Is Equal Pay becoming the new #MeToo?
June 7, 2018
In the era of the #MeToo movement, it may be easy to overlook that equal pay is also having a moment. A huge moment.
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Some Work Rules Still Don't Fly Under the NLRB's New Boeing Standard
June 7, 2018
Does your Company have a work rule that limits an employee’s ability to secure a second job? If so, maintaining such a rule may violate the National Labor Relations Act.
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Supreme Court Rules in Favor of Baker Who Refused to Create Wedding Cake for a Same-Sex Marriage, but Does Not Open the Door for Discrimination Based on Religious Belief
June 5, 2018
The Court’s decision in the case, Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm., largely punted on the broader question of under what circumstances, if any, a business may refuse to provide services to or employ individuals based on a sincerely-held religious belief that potentially conflicts with anti-discrimination law, suggesting such questions need to be decided on a case-by-case basis.
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DOL Clarifies Compensability of Short FMLA Breaks Under the FLSA
June 5, 2018
It has long been the rule that, under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for breaks of 20 minutes or less because such breaks refresh employees and improve productivity and, therefore, primarily benefit the employer rather than the employee.
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Supreme Court Rules for Baker in Same-Sex Wedding Cake Case
June 4, 2018
On Monday, June 4, 2018, the U.S. Supreme Court, in a 7-2 decision, held that the Colorado Civil Rights Commission violated a baker’s constitutional right to the free exercise of his religion, by exhibiting hostility towards the baker’s religious views as expressed in his refusal to make a wedding cake for a same-sex couple.
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Lessons Learned from those “Special” Treats in the Breakroom or at the Office Party
May 31, 2018
About two weeks ago, it was widely reported that a Michigan woman brought brownies baked with laxatives (yes, you read that right) to work for another employee’s going away party.
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More Common Than You Might Think: Religious Accommodations for Ramadan
May 24, 2018
Many employers might not be familiar with Ramadan and might not have ever had an accommodation request relating to the religious holiday. However, there are around 3.3 million Muslims in the United States, many of whom are active in the country’s workforce.
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Employers Pay $740,000 a Day
May 24, 2018
Employment litigation in general has declined as an outcome of a robust job market. However, wage and hour litigation continues to increase. According to a report recently issued by the United States Department of Labor, Wage and Hour Division, for Fiscal Year 2017 DOL collected an average of $740,000 per day in back pay.
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Starbucks – Training Employees on the Obvious?
May 24, 2018
What is obvious? Well, I’d say the direction that Starbucks gave to its employees to call 911 if they observe a customer using or selling drugs. Or there’s a fire or robbery. This is associated with Starbucks’ new policy on non-paying guests in its stores.
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