Blog
Employer’s Failure to Follow Proper NLRB Procedures after Settlement Results in Entry of Default Judgment
May 14, 2018
It should come as no surprise that in the majority of the matters wherein the National Labor Relations Board (NLRB) investigates an alleged unfair labor practice and thereafter issues a complaint, the parties enter into an informal settlement agreement.
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First Circuit OK’s Employer’s Decision to Grant Accommodation then Change Its Mind
May 11, 2018
We’ve all heard the discouraging mantra that “no good deed goes unpunished.” And while it may be a “glass half empty” way of looking at things, the unpleasant truth is that, sometimes, people and businesses make decisions out of kindness or a sense of responsibility that they will come to regret.
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No, You Can’t Sleep on the Job, Especially when it’s a Matter of Life or Death!
May 11, 2018
There’s one issue that seems to come up on a regular basis. It involves employers asking for advice about terminating employees who have violated work rules but also have engaged in legally protected activities, such as taking leave under the FMLA.
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Employer Liability for Third Party Physical Attacks on Employees
May 10, 2018
In Wieland v. Owner-Operator Services, Inc., 540 S.W.3d 845, 847 (Mo. 2018), reh’g denied (Apr. 3, 2018), the Missouri Supreme Court heard a case worthy of its own movie of the week.
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Weighing In On Nevada Gaming Control Board’s Proposed Regulation Regarding Sexual Harassment
May 8, 2018
On May 3, 2018, the Nevada Gaming Control Board (NGCB) held a workshop to receive public input regarding its proposal to amend Nevada Gaming Commission Regulation 5 to require licensees’ adoption of certain procedures, policies, and training regarding sexual harassment in the workplace.
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Seventh Circuit Case Is Excellent Reminder of FMLA Best Practices
May 4, 2018
As an employer, how do you know when an employee’s illness or medical condition could give rise to a claim for mandatory medical leave, disability protections, or discrimination? The answer, of course, is that you don’t.
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New York City Labor and Employment Law Update
May 4, 2018
In addition to the sexual harassment legislation recently passed by the NYC Council (awaiting signature from Mayor de Blasio), there have been a number of developments in New York City labor and employment law this year.
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To Affinity and Beyond: A Look at Legal Risks and Recent Trends in Corporate Affinity Groups
May 4, 2018
Affinity groups, also known as employee resource groups, have been a popular tool for companies to meet diversity and inclusion goals by helping to attract, retain and develop women, minorities, and other underrepresented protected groups in the corporate hierarchy.
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New Classification Test Announced for California Independent Contractors
May 1, 2018
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee in that state unless the employer meets a three-prong “ABC” test.
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Do Employers Have to Pay for Short Rest Breaks?
April 30, 2018
Earlier this month, the U.S. Department of Labor (DOL) issued an opinion letter that clarifies that short breaks do not need to be compensated in all cases.
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Missouri: Are Government Entities Required To Provide Public Accommodations Under The Missouri Human Rights Act?
April 30, 2018
On April 25, 2018, the Missouri Supreme Court heard oral arguments in R.M.A. v. Blue Springs R-IV School District that could have far-reaching implications for the civil rights protections granted to the state’s transgender community.
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Guidelines for a Valid No-Solicitation/No-Distribution Policy
April 27, 2018
Many employers would like to ensure that employees focus on their work during their working time – after all, that’s what they’re being paid to do!
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