Showing 9 posts in Policy.
The Fight for $15 and the NLRB
In-N-Out Burger, Incorporated (In-N-Out) found itself on the wrong side of National Labor Relations Board (NLRB) unfair labor practice proceedings for prohibiting its employees from "wearing any type of pin or stickers" on their uniforms. The Fifth Circuit, in In-N-Out Burger, Incorporated v. National Labor Relations Board (No. 17-60241, decided July 6, 2018), upheld a NLRB finding that In-N-Out violated Section 8(a)1 of the National Labor Relations Act by prohibiting its employees from wearing a "Fight for $15" button and for maintaining an overly broad uniform policy. More ›
Trust the Process: Relying on Existing Law or Policy is not an ADA Defense Says Third Circuit
Many times, employers evaluate disability claims by simply checking the boxes. It’s easy to develop tunnel vision, especially when the employer feels the issue is narrowly defined by an existing law or policy, e.g., a law or employer policy requiring that certain employees be vaccinated. However, this narrow frame of mind may cause employers to miss the complete picture. A recent 3rd Circuit Court of Appeals (DE, NJ, PA) decision illustrates the consequences of missing the big picture. In Ruggiero v. Mount Nittany Medical Center, the court addressed the interplay between a hospital’s vaccination policy and the ADA, holding held an employee’s ADA claim could proceed because the hospital failed to engage in the interactive process. The Court held the hospital had a duty to engage in the process once aware of her disability and request for accommodation, regardless of its policy requiring that all employees be vaccinated. More ›
Lawful, Unlawful, or It Depends? NLRB Issues New Guidance on Employer Policies Affecting Section 7 Rights
Earlier this month, the National Labor Relations Board's (NLRB) General Counsel issued Memorandum GC-18-04 providing guidance on handbook rules in light of the Board’s Boeing Company decision. In Boeing, the Board reevaluated when a seemingly neutral work rule, handbook rule, or employment policy violates the rights of workers granted by Section 7 of the National Labor Relations Act (NLRA). In doing so, it adopted a new test balancing the negative impact a given rule may have on an employee’s ability to exercise his or her Section 7 rights versus the employer’s right to maintain a disciplined and productive workplace. It also laid out three categories of rules: those that are always lawful, those that are usually always unlawful, and those it depends-type rules falling into the middle category. The GC’s guidance sorts common workplace policies into these three buckets. More ›
Wisconsin Employers: Do Your Job Postings Run Afoul of the Wisconsin Fair Employment Act’s Prohibition Against Conviction Record Discrimination?
Believe it or not, individuals with criminal convictions can make a business out of trolling online job boards for job postings that express an intent to discriminate against applicants with conviction records—think job postings with “no felonies” as a qualification. Postings of this type run afoul of the Wisconsin Fair Employment Act, which prohibits employers (1) from circulating job ads and applications that express an intent to discriminate against applicants with conviction records and (2) from refusing to hire applicants because of their arrest or conviction record (among other types of discrimination directed at individuals with arrest and conviction records). Postings that violate this prohibition can cost your company a whole lot of headache and money. Penalties range from a cease and desist order to job instatement and backpay if the applicant can show he or she would have been hired but for her conviction. More ›
Illinois Law Requires Quick Action on Sexual Harassment Policies for Units of Local Government
In light of the recent spotlight in entertainment, government, media, and the law regarding unlawful harassment in the workplace, the Illinois legislature has recently taken action to ensure local governments have a handle on the problem. On November 16, 2017, the General Assembly passed Public Act 100-0554, which amends the Illinois State Officials and Employees Ethics Act and the Illinois Human Rights Act. The law prohibits sexual harassment and requires various state government and local governments to implement sexual harassment-related policies. More ›
California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims
Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of domestic violence, sexual assault, and stalking. More specifically, the required notice mandates employers notify new employees of their rights under Labor Code Sections 230 and 230.1. These sections detail the following points: More ›
Wisconsin Appellate Court Holds Management Policy Does Not Negate At-Will Employment Relationship
At-will employment is the default rule in Wisconsin. Employers may terminate for any reason or no reason at all. However, that relationship can be overridden by contract, in some cases inadvertently, through employee policies and other post-employment agreements. In a case that came as good news for employers, last week, the Wisconsin Court of Appeals affirmed that it would not read a policy as overriding the employment at-will relationship unless the policy evidenced an intent to do so. More ›
Employer's "Super Policy" Against Harassment Requires Employer to Protect Employee Beyond that Which is Required by Law
A Costco employee suffered from Tourette's syndrome and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well as suit in federal district court, claiming that he was subjected to a hostile work environment and retaliation in violation of the Americans with Disabilities Act and corresponding state statutes. He also claimed breach of contract and promissory estoppel. More ›
Policy Requiring Disclosure of Nature of Illness for Work Absences may Violate ADA
The Equal Employment Opportunity Commission filed a class-action lawsuit against a department store claiming its policy violated the Americans with Disabilities Act (“ADA”). The case came about when an employee was unable to attend work for a few days due to medical illness, and despite having provided a doctor’s note for her absence, the store sought the specific nature of her illness in order to have the absences deemed “excused.” The employee refused to provide the information and claimed the request was unlawful. The store subsequently terminated her employment. Later, the store revised its policies and this requirement was removed. More ›
Topics
- #12Days
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- Georgia
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- Illinois Nursing Mothers in the Workplace Act
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- Immigration
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- LAB s. 226.2
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- Loss of Consortium
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- major life activity
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- Manufacturers
- Marijuana
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- Massachusetts
- Massachusetts Equal Pay Act
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- Massachusetts Supreme Judicial Court
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- Maternity Leave
- McDonnell Douglas
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- Minnesota
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- Municipalities
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- National Labor Relations Act (NLRA)
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- News
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- Notice
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- Parental Leave
- part-time hours
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- Pasadena CA Minimum Wage
- Patient Protection and Affordable Health Care Act of 2009
- Pay Data
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- Picket
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- Posting Requirements
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- Pregnant Worker Fairness Act
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- Premium Wage
- Prescriptions
- President Obama
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- Privacy
- Private Attorneys General Act of 2004
- Private Colleges and Universities
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- qualified individual
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- Racial Discrimination
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- Reasonable Accomodation
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- Reduction in Force
- Regarded As
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- Rehabilitation Act
- Religion
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- Remote Working
- Removal
- Reporting
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- Reproductive Health
- Republican
- Request for Information
- Respondeat Superior
- Rest Breaks
- Rest Period
- Restaurants
- Restrictions
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- Retail
- Retaliation
- retaliatory termination
- Retina Scans
- return-to-work
- Rhode Island
- RICO
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- Right of Recall
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- Rounding Policy
- Safety Programs
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- Salaried Employees
- salary
- Salary History
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- Salary Test
- San Francisco CA Minimum Wage
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- San Leandro CA Minimum Wage
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- Sarbanes-Oxley Act
- SCOTUS
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- Secret Ballot
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- Section 7
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- Section 8
- Securities & Exchange Commission
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- Settlement Agreement
- Seventh Circuit Court of Appeals
- Severance
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- Sex Discrimination
- Sex Stereotyping
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- sexual and reproductive health decisions
- Sexual Assault
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- Sexual Orientation Discrimination
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- Shameless
- Short-Term Disability
- Sick Leave
- Similarly Situated
- Sixth Circuit Court of Appeals
- Social Media
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- Social Security
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- SOX
- Split Shift Pay
- SSA
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- St. Paul, Minnesota
- Stalking
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- Street Trade Permits
- strike
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- Tax
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- Teenage Labor
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- Tenth Circuit Court of Appeals
- Termination
- Texas
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- Texting
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- Time Clock
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- Tort Liability
- Trade Secrets
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- Transitioning
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- Unfair Labor Practice
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- USCIS
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- vacation
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- Virginia
- Voluntary
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- Wage and Hour
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- Wage Order 9
- Wage Theft
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- Waiting Period
- Waiver
- warehouse
- WARN Act
- Webinar
- Wellness
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- Westchester County
- WFEA
- Whistleblower
- White House
- Whole Foods
- Willful and Repeat
- Wis. Stat. ch. 102
- Wisconsin
- Wisconsin Court of Appeals
- Wisconsin Fair Employment Act
- Wisconsin's Wage Payment and Collection Laws
- Withdrawal Liability
- Withholdings
- Witness Statements
- Work Eligibility
- Work Permits
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- Work Schedules
- Worker Classification
- Workers' Compensation
- Working Conditions
- Workplace Accommodation
- Workplace Bullying
- Workplace Discrimination
- Workplace Disputes
- Workplace Injury
- Workplace Injury Reporting
- workplace inspections
- Workplace Policies
- Workplace Rules
- Workplace Safety
- Workplace Training
- Wright Line
- written release procedures
- Wrongful Termination