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
- #MeToo
- 100% Healed Policy
- 10th Circuit Court of Appeals
- 11th Circuit Court of Appeals
- 17200
- 1st Amendment
- 1st Circuit Court of Appeals
- 2015 Inflation Adjustment Act
- 2018 Withholding Tables
- 24-Hour Shifts
- 2nd Circuit Court of Appeals
- 3rd Circuit Court of Appeals
- 42 U.S.C. s. 1981
- 42 U.S.C. § 12203(b)
- 42 USC 1983
- 4th Circuit Court of Appeals
- 5th Circuit Court of Appeals
- 62 USC 623
- 6th Circuit Court of Appeals
- 7th Circuit Court of Appeals
- 8th Circuit Court of Appeals
- 9th Circuit Court of Appeals
- A.A.R.P. vs. U.S. E.E.O.C.
- AB 1008
- ACA
- Accommodation
- accomodate
- ADA
- ADA Interference
- ADAAA
- ADEA
- Administration
- Administrative Exemption
- Administrative Warrant
- Adverse Employment Action
- Affirmative Action
- Affordable Care Act
- Age Discrimination
- Age Discrimination in Employment Act
- Age-Based Harassment
- Agreements
- AHCA
- Aiding and Abetting
- Ambulance Attendant
- AMD
- American Health Care Act
- Americans with Disabilities Act
- Amusement Parks
- Annual Summary
- Anti-Discrimination Policy
- Anti-Harassment Policy
- Anti-Retaliation Rule
- Anxiety
- Arbitration
- Arrest Record
- At-Will Employment
- Attorney Fees
- Attorney General Guidance
- Audit
- Automobile Sales Exemption
- Back Pay
- Background Checks
- Ban the Box
- Bankruptcy
- Bankruptcy Code
- Bargaining
- Belmont CA Minimum Wage
- Benefits
- Bereavement
- Biometric Information
- Biometric Information Privacy Act
- Black Lives Matter
- Board of Directors
- Borello Test
- Breastfeeding
- Browning-Ferris
- Burden of Proof
- Burden Shifting
- CAFA
- California
- California Court of Appeal
- California Department of Fair Employment and Housing
- California Employment
- California Fair Employment and Housing Act
- California Family Rights Act
- California Labor Code
- California Labor Code s. 226.2
- California Labor Code s. 230.1
- California Labor Code Section 1197.5
- California Legislature
- California Minimum Wage
- California Senate Bill 826
- California Supreme Court
- Caps
- Case Updates
- Cat's Paw
- CFAA
- Chicago Minimum Wage
- Child Labor Laws
- Childbirth
- Choice of Law
- Church Plans
- Circuit Split
- City of Los Angeles CA Minimum Wage
- Civil Rights
- Claim for Compensation
- Class Action
- Class Action Waiver
- Class Certification
- Class Waiver
- Code of Conduct
- Collective Action
- Collective Bargaining
- Collective Bargaining Agreements
- common law
- Commuting Time
- Comparable Work
- Compensable Time
- Compensation History
- Complaints
- Compliance Audit
- Computer Exemption
- Confidential Information
- Confidentiality Agreement
- Constructive Discharge
- Consular Report of Birth Abroad
- Contraception Services
- Contraceptive
- Conviction Record
- Convincing Mosaic
- Cook County
- Cook County Minimum Wage
- Corporate Board
- Corporations
- Criminal Conviction
- Criminal History
- D.C. Circuit Court of Appeals
- DACA
- Damages
- Deaf
- Defamation
- Defendant Trade Secrets Act of 2016
- Delaware
- Department of Homeland Security
- Department of Economic Opportunity
- Department of Labor
- Department of Workforce Development
- Designation Notice
- Direct and Immediate
- Disability
- Disability & Medical Leave
- Disability Discrimination
- Disability-Based Harassment
- Discrimination
- Discrimination and Harassment
- Disparaging
- Disparate Impact
- Disparate Treatment
- Diversity
- Diversity Policy
- Documentation
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- DOL
- Domestic Violence
- DOT
- Drug Free Workplace Act
- Drug Free Workplace Policies
- Drug Testing
- Dues
- DWD
- E-Verify
- EAP Exemption
- Eavesdropping
- Education
- EEO Laws
- EEO-1
- EEOC
- El Cerrito CA Minimum Wage
- Election
- Electronic Communication Policy
- Electronic Communications
- Electronic Reporting
- Eleventh Circuit
- Emeryville CA Minimum Wage
- Emotional Distress
- Employee
- Employee Benefits
- Employee Handbook
- Employer
- Employer Health Care Plans
- Employer Mandate
- Employer Policies
- Employer Policy
- Employer Sponsored
- Employer-Employee Relationship
- Employment
- Employment Contract
- Employment Verification
- Enterprise Coverage
- EPA
- Epic Systems v. Lewis
- Equal Employment Opportunity Commission
- Equal Pay Act
- Equal Pay for Equal Work
- Equal Protection
- Equality
- ERISA
- ERISA section 4(b)(2)
- Essential Employment Terms
- Essential Functions
- Estoppel
- Ethnic Equality
- Evidentiary Burdens
- Exclusive Remedy
- Executive Exemption
- Executive Order
- Exempt Employee
- Exempt Status
- Exemption
- Exhaustion of Remedies
- Experience
- Expert
- Expression of Milk
- Extreme or Outrageous
- FAA
- Failure to Accomodate
- Fair Credit Reporting Act
- Fair Employment and Housing Act
- Fair Labor Standards Act
- Fair Pay
- Fair Reading
- Fair Workweek Law
- Fair Workweek laws
- Fairfax Memo
- Family Medical Leave Act
- family planning
- Fast Food
- FCRA
- Federal
- Federal Arbitration Act
- Federal Contracts
- Federal Government
- Federal Register
- FEHA
- fertility
- FICA
- Fiduciary
- Fiduciary Duty
- Fiduciary Rule
- Fifth Circuit
- Final Rule
- Fines
- fingerprints
- First Amendment
- Fitness-For-Duty
- Florida
- Florida Civil Rights Act
- FLSA
- FLSA Exemptions
- Flu Shot
- FMCSA
- FMLA
- FMLA Interference
- Form 300A
- Forum-Selection Clause
- Fourteenth Amendment
- Franchisee
- Franchisor
- Fraud
- Freedom of Speech
- Full-time hours
- garden leave clause
- Gay Rights
- Gender Bias
- Gender Discrimination
- Gender Equality
- Gender Identity
- Gender Identity Discrimination
- Gender Identity-Based Harassment
- Gender Nonconformity
- Genetic Information Nondiscrimination Act
- Georgia
- Gig Economy
- Gig Worker
- GINA
- Goods vs. Materials
- Grocers
- Gross
- H-1B
- Handicap Discrimination
- Harassment
- Hawkins-Slater Medical Marijuana Act
- Health Care
- Health Insurance
- HHS
- Highly Compensated Employees
- HIPAA
- Hiring
- Hiring Policy
- Hiring Practices
- HIV
- Hostile Work Environment
- Hour Tracking
- Hours Worked
- HR
- Human Trafficking
- Hybrand
- I-9
- IDHR
- Illinois
- Illinois Department of Human Rights
- Illinois Human Rights Act
- Illinois Minimum Wage Law
- Illinois Nursing Mothers in the Workplace Act
- Illinois One Day Off In Seven Act
- Illinois Supreme Court
- Immigration
- Incentives
- inclusion
- Income Tax
- Independent Contractor v. Employee
- Independent Contractors
- informed consent
- Injuctive Relief
- Injunction
- Injuries
- Injury and Illness Reporting
- Interactive Process
- Interference
- Internal Applicants
- Internal Complaints
- Internal Revenue Service
- Interns
- Internships
- Investigation
- Iraq
- Iris Scans
- IRS
- IRS Notice 1036
- ISERRA
- Jefferson Standard
- Job Applicant
- Job Classification
- Job Classification Audit
- Job Descriptions
- Joint Control
- Joint Employers
- Joint Employment
- Judicial Estoppel
- Klever v. Carefusion
- LAB s. 226.2
- Labor
- Labor Code
- Labor Dispute
- Labor Organizing
- Las Vegas
- lateral transfer
- Layoff
- Leased Employee
- Leave
- Ledbetter Act
- Legislation
- Lesbian Rights
- LGBTQ
- LGBTQ Rights
- LMRA
- Los Angeles County CA Minimum Wage
- Loss of Consortium
- M.G.L. Chapter 151B
- major life activity
- Malibu CA Minimum Wage
- Mandatory
- Mandatory Arbitration
- Manufacturers
- Marijuana
- Marital Discrimination
- Maryland Minimum Wage
- Massachusetts
- Massachusetts Equal Pay Act
- Massachusetts Pregnant Workers Fairness Act
- Massachusetts Supreme Judicial Court
- Massachusetts Wage Act
- Maternity Leave
- McDonnell Douglas
- Meal & Rest Break
- Meal Breaks
- Meal Period
- Media Mention
- Medical Condition
- Medical Examination
- Medical History
- Medical Marijuana
- MEPA
- MHRA
- Michigan
- Military
- Military Duty
- Milpitas CA Minimum Wage
- Minimum Wage
- Ministerial Exception
- Minneapolis Minimum Wage
- Minneapolis Sick and Safe Time ordinance
- Minneapolis, Minnesota
- Minnesota Human Rights Act
- Minor Employees
- Minors
- Misappropriation
- Misclassification
- Missouri
- Montgomery County Maryland Minimum Wage
- Mount Lemon Fire District v. Guido
- MSHA
- Multiple Sclerosis
- Narrow Construction
- National Labor Relations Act
- National Labor Relations Board
- National Origin Discrimination
- Nebraska
- Negligence
- New Jersey
- New Jersey Compassionate Use Medical Marijuana Act
- New Jersey Law Against Discrimination
- New Moms
- New York
- New York Average Weekly Wage
- New York City
- New York City Human Rights Law
- New York Labor Law
- New York Paid Family Leave
- New York State Human Rights Law
- News
- NJ Paid Sick Leave Law
- NJDOL
- NJLAD
- NLRA
- NLRB
- Non-Compete
- non-competition agreement
- non-supervisory employees
- nonproductive time
- Notice
- Nursing Mothers
- NY State Department of Taxation
- NYSHRL
- Obama Administration
- ObamaCare
- Objectively Offensive
- Occupational Safety and Health Administration
- OFCCP
- Off-Duty Rest
- Off-the-Clock
- Ohio
- Oklahoma
- Older Workers
- On-Call Scheduling
- Only When Rule
- Opinion
- Opinion Letter
- Opposition
- Oregon Minimum Wage
- OSHA
- Other-than-Serious Violation
- Outside Applicants
- Outside Sales Exemption
- Overtime
- OWBPA
- PAGA
- Paid Leave
- Paid Sick Leave Law
- Paid Sick Time
- Paid Time Off
- Parental Leave
- part-time hours
- Partnership
- Pasadena CA Minimum Wage
- Patient Protection and Affordable Health Care Act of 2009
- Pay Equity
- Pay Gap
- Pay History
- Pay Inquiries
- Payroll
- Payroll Taxes
- PDA
- Penalties
- Pennsylvania Minimum Wage Act
- Pennsylvania Wage Payment and Collection Law
- Pension
- Pension Plans
- Perceived Disability
- Permanent Replacement Employees
- Personnel Record
- PFL
- Picket
- Piece-rate
- Policies
- Policy
- Political Affiliation
- Polygraph
- Portland Maine Minimum Wage
- Posting Requirements
- Preemption
- Pregnancy Discrimination
- Pregnancy Discrimination Act
- Pregnant Worker Protections
- Premium Wage
- President Obama
- Pretext
- Preventative Care
- Privacy
- Private Employers
- Professional Exemption
- Protected Activity
- Protected Class
- Protected Concerted Activity
- Protected Speech
- PTO
- PTSD
- Public Employers
- Public Records
- Publicly-Held Corporations
- Punitive Damages
- qualified individual
- Quid Pro Quo
- Race Discrimination
- Racial Discrimination
- Racial Equality
- Racial Harassment
- Reasonable Accomodation
- Recess Appointment
- Reduction in Force
- Regarded As
- Rehabilitation Act
- Religion
- Religious Discrimination
- Religiously Affiliated Employers
- Removal
- Reporting
- Reporting Time Pay
- Republican
- Request for Information
- Respondeat Superior
- Rest Breaks
- Rest Period
- Restaurants
- Restrictions
- Retail
- Retaliation
- Retina Scans
- Rhode Island
- RICO
- RIF
- Right to Control
- Right to Work
- Right-to-Sue
- Rounding Policy
- Safety Programs
- Salary History
- Salary Inquiries
- Salary Inquiry
- Salary Test
- Salespersons
- San Francisco CA Minimum Wage
- San Francisco Parity in Pay Ordinance
- San Leandro CA Minimum Wage
- Sanctions
- Santa Monica CA Minimum Wage
- Sarbanes-Oxley Act
- SB 1300
- SB 1343
- SB 826
- SCA
- SCOTUS
- Seasonal Workers
- SEC
- Secretary of Labor
- Secretary Solis
- Section 7
- Section 7 of the National Labor Relations Act
- Section 8
- Securities & Exchange Commission
- Securities Fraud
- Self Evaluations
- Seperation
- Serious Health Condition
- Serious Violation
- Settlement Agreement
- Seventh Circuit
- Severance
- Severe and Pervasive
- Sex Discrimination
- Sex Stereotyping
- Sex-Based Harassment
- sexual and reproductive health decisions
- Sexual Assault
- Sexual Harassment
- Sexual Orientation Discrimination
- Sexual Orientation-Based Harassment
- Shameless
- Sick Leave
- Similarly Situated
- Social Media
- Social Media Policy
- Social Security
- South Dakota
- SOX
- Split Shift Pay
- SSA
- St. Paul Sick and Safe Time Ordinance
- St. Paul, Minnesota
- Stalking
- Standing
- State Government
- State of Nevada v. US Department of Labor
- Statute of Limitations
- Statutory Exemption
- STD prevention
- Stock
- Street Trade Permits
- strike
- Student Loans
- Students
- Subjectively Offensive
- Subpoena
- Substantial Relationship
- Supervisor
- Supervisors
- Supplemental Wages
- Supreme Court
- Tax
- Tax Credits
- Tax Cuts and Jobs Act
- Tax Implications
- Tax Reform Act
- Teenage Labor
- Temporary Employee
- Temporary Help Agency
- Temporary Schedule Change
- Temporary workers
- Termination
- Texas
- Texting
- Third Circuit
- Time Clock
- Time Records
- Tipped workers
- Title IX
- Title VII
- Title VII of the Civil Rights Act of 1964
- Title VII Retaliation; Faragher/Ellerth
- Tort Liability
- Trade Secrets
- Training
- Trans
- Transgender Rights
- Transitioning
- Transportation Industry
- Travel Time
- Trial
- Trump
- Trump Administration
- U.S. Citizenship and Immigration Services
- U.S. Department of Health and Human Services
- UCL
- Undocumented Workers
- Undue Hardship
- Unemployment
- Unfair Labor Practice
- Union
- Union Dues
- Union Organizing
- United States Supreme Court
- Unlawful Employment Practice
- Unpaid Leave
- Unpaid Wages
- USCIS
- USERRA
- Vacation Accrual
- Vacation Pay
- Vacation Policy
- Vaccination
- Vaccine Requirement
- VEBA
- Verdict
- Vested Rights
- Vicarious Liability
- Virginia
- Voluntary
- Volunteers
- Wage and Hour
- Wage Order 7
- Wage Order 9
- Wages
- Waiting Period
- WARN
- Webinar
- Wellness
- Wellness Program Incentives
- Wellness Programs
- WFEA
- Whistleblower
- White House
- Willful and Repeat
- Wis. Stat. ch. 102
- Wisconsin
- Wisconsin Court of Appeals
- Wisconsin Fair Employment Act
- Withholdings
- Witness Statements
- Work Permits
- Work Restriction
- Work Schedules
- Workers Compensation
- Workplace Bullying
- Workplace Discrimination
- Workplace Injury
- Workplace Injury Reporting
- Workplace Policies
- Workplace Rules
- written release procedures
- Wrongful Termination
- Zarda v. Altitude Express