July 27, 2016 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... View Post

July 18, 2016 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... View Post

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... View Post

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... View Post

June 14, 2016 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... View Post

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... View Post

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... View Post

May 18, 2016 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... View Post

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... View Post

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... View Post

April 7, 2016 Author:  Bobbi K. Dominick The best advice for employers waiting for the new overtime rules?  Hope for the best, and prepare for the worst.  Last fall the federal Department of Labor (DOL) proposed a new overtime rule which would require employers to pay time-and-a-half overtime pay to all workers, even those performing... View Post

April 5, 2016 The U.S. Supreme Court recently made it easier for employees to prove class action claims under the Fair Labor Standards Act (FLSA). Using statistical “representative evidence,” over 3,000 employees of Tyson Foods asserted FLSA claims alleging unpaid overtime for “donning and doffing” their protective gear. A jury awarded the employees $2.9 million.... View Post