Currently, no federal law exists to protect an individual from employment discrimination on the basis of sexual orientation or gender identity. This means an employer can fire, refuse to hire, demote, or refuse to promote solely because an individual is gay, bi-sexual, or transgender. However, there has been increasing support over recent years for the... View Post

In April, the National Labor Relations Board (NLRB) ruled that employers could not prohibit “negativity” and “gossip” in the workplace. The NLRB, which is a federal agency responsible for protecting employees’ rights, ensures that employers abide by the National Labor Relations Act (the Act). Under the Act, employers shall not violate employees’ right to “engage... View Post

Bring Your Own Device (BYOD) programs allow employees to use personal cell phones for work-related purposes. Through BYOD programs, employers only purchase cell phone plans instead of expensive cell phones. According to researchers, BYOD programs are beneficial to employers because they increase employee morale, boost productivity and collaboration, and prevent employers from purchasing costly devices.... View Post

Have you ever had one of those days when your client or customer drives you up the wall? We all vent from time to time, to a fellow employee or on social media, but a recent Idaho Supreme Court holding should make everyone think twice before venting about problems on Facebook. On June 10, 2014,... View Post

With the growth of online databases, the Equal Employment Opportunity Commission (EEOC) and the Idaho Human Rights Commission (IHRC) keep a tight leash on Idaho employers conducting background checks to screen out job applicants. Roughly 73 percent of employers conduct background checks on all potential new hires, demonstrating the ease and efficacy of checking applicants’... View Post

The U.S. Supreme Court recently slapped President Obama’s hand, so to speak. In NLRB v. Noel Canning, the Court held that Obama’s three “recess appointments” to serve as members on the National Labor Relations Board (NLRB) in 2012 were unconstitutional, thereby calling into question the validity of hundreds of cases decided between January 2012 and... View Post

Severance agreements are an essential part of employers’ termination process but require careful drafting to provide employers with optimal benefits.  Generally, employers draft severance agreements containing provisions that release employers from past and prospective liability in exchange for severance pay or other benefits.  By signing a severance agreement, a terminated employee waives claims that he... View Post

Approximately forty million adults in the United States suffer from anxiety. Federal law protects against discrimination based on disability, including mental disorders such as anxiety. But some employers react to an employee’s anxiety through termination or demotion, and lawsuits over disability discrimination involving mental impairments have significantly increased over the years. However, more appropriate avenues... View Post

Websites such as Facebook and Twitter can provide employers a sneak peek into a job candidate’s lifestyle and personality.  Many employers have taken advantage of candidates’ unguarded profiles and feeds to make employment and hiring decisions.  It’s easy, it’s free, and it can be very telling.  So, why not do it?  Actually, there are very... View Post

You’re a non-union employer in a “Right to Work” state with at-will employees.  You should be able to discipline your employees and institute company policies without concern for the National Labor Relations Board (NLRB), right?  The NLRB enforces the National Labor Relations Act (NLRA) which only applies to unionized employers, right?  Wrong. The NLRB has... View Post

Employers often use pre-employment tests to screen job applicants before offering them a position with their company.  Pre-employment tests can assist employers in narrowing prospective employees to the most qualified and suitable individuals for the job, but can also be discriminatory.  Types of Pre-Employment Tests Commonly used pre-employment tests include cognitive tests that assess skills... View Post

For reasons of productivity, safety, and liability, many Idaho employers have a drug and alcohol testing program.  While certain applications of this policy might be controversial, there is no denying the impact that drug and alcohol abuse has on employers and on society at large.  When implementing a new testing program, or evaluating an existing... View Post