Blog
Be Careful Asking About Employees’ (Non)Prescription Drug Use
December 14, 2017
The ADA limits an employer’s ability to make medical inquiries to those that are job-related and consistent with business necessity.
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What Could the New NLRB General Counsel Mean for Employers?
December 13, 2017
For the last eight years, the Obama-era National Labor Relations Board has issued decisions that have shocked and frustrated employers.
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Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial "Quickie Election" Rules and Issues Its First Reversal of Obama-Era Policy
December 13, 2017
Recently, the U.S. Senate confirmed two Republicans to the National Labor Relations Board, resulting in a Republican majority on the Board for the first time in ten years, and a new NLRB General Counsel, management-side labor lawyer Peter Robb. Swift changes followed, and more are likely.
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Nevada Supreme Court Determines That Employees May Sue For State Law Wage Violations
December 12, 2017
The Nevada Supreme Court issued an important decision on December 7, 2017 in the case of Neville, Jr. v. Eighth Judicial District Court, finding that a person can file a lawsuit to recover unpaid wages under Nevada's wage and hour laws, including Nevada's minimum wage amendment
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DOL Seeks Immediate Comments On Proposed Change To Tip Pooling Regulation
December 11, 2017
On December 5, 2017, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) seeking public comments on its proposal to change its tip pooling regulation and allow employers the discretion and flexibility to use mixed tip pools.
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Explanation of the DOL's Proposed Rules on Tips
December 11, 2017
There’s been plenty of press this week regarding the U.S. Department of Labor’s proposed rules governing employer treatment of tips.
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Reduction in Shifts Leads to Pregnancy Discrimination
December 7, 2017
As a result of removing a pregnant employee from its automatic computer scheduling, Bob Evans Farms engaged in discrimination in violation of the Pregnancy Discrimination Act (PDA) according to the U.S. District Court for the Western District of Pennsylvania.
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The Holidays Are Upon Us: Can an Employer Ask Employees Who Request Time Off or Another Accommodation for Religious Reasons about their Religion?
December 6, 2017
During the holiday season, employers may be faced with a variety of religion-related requests.
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The Light at the End of the NLRB’s Tunnel?
December 6, 2017
As my colleagues know, I have been unbelievably frustrated over the past eight years about the National Labor Relations Board’s (overly) aggressive pro-union approach.
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Tree Service Agrees to Largest Ever Settlement for Hiring Unauthorized Workers
December 5, 2017
The name Asplundh is synonymous with the orange trucks seen in communities throughout the United States performing various tree and vegetation management services. In fact, the Philadelphia-based company is one of the nation’s largest privately owned companies. They recently agreed to the largest ever settlement, $95 million, for having hired individuals who were not eligible to work in the U.S.
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Employers, Facebook Can Be Your Friend!
December 5, 2017
Our past alerts on social media issues typically center on NLRB and court decisions that are not always favorable to employers. A recent arbitration decision, however, highlights that Facebook may provide an employer with the evidence it needs to root out workplace dishonesty.
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OSHA’s Electronic Reporting Requirements Pushed Back Two Weeks
December 1, 2017
Back in May 2016, we wrote about OSHA’s Final Rule, which requires certain employers to electronically submit worker injury and illness data for public display. Although OSHA already requires employers to report serious injuries, this new rule will require certain employers to report a lot more injury and illness data via secure website.
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