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Showing 2 posts in Employer 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 ›

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