WORKPLACE DRESS CODES: AUTO DEALER CAN’T BAR WORKERS FROM WEARING MESSAGE PINS
July 27, 2016 Author: Karen O. Sheehan The U.S. Court of Appeals for the First Circuit upheld a National Labor Relations Board’s (NLRB) decision that a Massachusetts automobile dealer’s policy banning the wearing of “message pins” violated union insignia protections under the National Labor Relations Act (NLRA). Based on an unfair labor practice charge filed by a union representing some Boch Honda employees, the NLRB’s regional office in Boston issued an unfair labor practice Complaint against Boch Honda, contending the dress code...
read moreCRIMINAL BACKGROUND CHECKS: SCREEN YOUR POLICY FIRST, THEN YOUR EMPLOYEES
July 18, 2016 Author: James B. Smith Workplace safety, trust, and productivity begin with proper hiring, where criminal background screening often plays an essential role. Indeed, many employers have been sued for “negligent hiring” for failure to screen applicants based on criminal history. While screening policies serve a good purpose, employers must craft their policy carefully to ensure they do not run afoul of Title VII of the Civil Rights Act and the federal government’s ever-increasing enforcement efforts against perceived...
read moreEEOC: A COMPLETE OVERHAUL OF EMPLOYER HARASSMENT PREVENTION EFFORTS NEEDED
Is your workplace ready for a complete review of your organization’s policies and practices in preventing harassment? Your road map was just released by the Equal Employment Opportunity Commission (EEOC). For the past 18 months, the EEOC has been studying harassment policies and practices. Many employers were not aware this was happening, but in early 2015 the EEOC convened the EEOC Select Task Force on the Study of Harassment in the Workplace. On June 20, 2016, the Co-Chairs of the Select Task Force, both EEOC commissioners,...
read moreDOES YOUR COMPANY HARASSMENT PREVENTION TRAINING MISS THE MARK?
June 20, 2016 Author: Bobbi K. Dominick Most companies are aware of their obligation to train employees about harassment in the workplace. But a review of recent litigation cases shows that many employers still miss the mark. Training is required to effectively prevent harassment, while recognizing that not all harassment can be prevented. A training program should not be simply a “check-the-box we have a training program” effort. If we want to truly create a nearly harassment-free workplace, we must analyze what serves as...
read moreSCOTUS CLARIFIES THAT RESIGNATION TRIGGERS THE STATUTE OF LIMITATIONS CLOCK FOR CONSTRUCTIVE DISCHARGE CLAIMS
June 14, 2016 Author: Randall L. Schmitz Resolving a split amongst circuit courts, the U.S. Supreme Court recently ruled in Green v. Brennan that the statute of limitations for a constructive discharge claim begins to run when the employee resigns, as opposed to when the last discriminatory act occurred that prompted the resignation. Marvin Green, an African-American man, had worked for the Postal Service for 35 years. While serving as the Postmaster in Englewood, CO, he applied for a promotion to nearby Boulder, but was passed over. Green...
read moreCHANGE ON THE HORIZON: YOUR STATE OR CITY MAY SOON REQUIRE EMPLOYERS TO PROVIDE MANDATORY SICK LEAVE
Historically, paid sick leave has been an issue in the American workplace, mainly because the United States lags behind other countries in offering this benefit to workers. Presently, if your business falls under the federal Family Medical Leave Act (FMLA), covered employers are already required to provide eligible employees up to 12 weeks of job-protected unpaid leave for certain medical situations. However, in most states, private employers are not legally required to offer paid sick leave to employees. Although, a handful of states...
read moreQ&A: FINAL OVERTIME RULE RELEASED ON MAY 18, 2016
May 19, 2016 Author: Bobbi K. Dominick On May 18, 2016, President Obama and Secretary Perez announced the publication of the Department of Labor’s (DOL) final rule updating the overtime regulations. I already pay all of my employees a salary, so I do not need to worry about this new rule, correct? That is not necessarily correct. Many employers were unaware that in order for an individual to be exempt from overtime, there are three requirements that must be met: The employee must be paid a salary; The salary must meet the salary level...
read moreU.S. SUPREME COURT RULES POLITICAL SPEECH IS PROTECTED EVEN IF THE EMPLOYEE DID NOT ACTUALLY SPEAK
May 18, 2016 Author: Karen O. Sheehan The U.S. Supreme Court recently answered the question – does the Constitution cover someone who wasn’t actually exercising a constitutional right? The answer is “yes.” In Heffernan v. City of Paterson, the U.S. Supreme Court ruled on the rather tricky question of whether the First Amendment shields employees who are not engaging in protected political conduct but are merely “perceived” by their superiors to be doing so. The Court held that when a public employer demotes an employee...
read moreMANDATORY FLU VACCINATION: RELIGIOUS EXEMPTIONS
Even with the peak of the influenza season behind us, employers have good reason to be concerned about the flu in the workplace. It poses a health risk that no business can take lightly, and those in the health care or child care fields, for example, face especially high stakes in deciding how to mitigate the risk of infection. Vaccine coverage has also become a matter of increasing public concern. While the Centers for Disease Control and Prevention recommends that all U.S. health care workers get vaccinated annually against influenza,...
read moreHARASSMENT PREVENTION BEGINS AT THE TOP
April 25, 2016 Author: Bobbi K. Dominick Workplace harassment has likely existed since the beginning of the workplace itself. Discriminatory animus against classes of people has existed since the beginning of humanity. Since the 1960s, Title VII and related discrimination laws have required U.S. employers to take harassment prevention more seriously. As often happens, imposing minimum legal liability prompts responsible employers to go further and implement best practices. It is only through understanding human behavior and psychology,...
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