Archive for May 2019
NLRB: 6 Reasons to Check Your Handbook Policies Now
Here’s a good reason to dust off that employee handbook and re-familiarize yourself with the ins and outs of your policies. The National Labor Relations Board (NLRB) recently reviewed an employer’s handbook and issued memoranda, offering guidance on the legality of certain policies. What’s lawful, what’s not While not an official ruling from the NLRB,…
Read MoreBullying: An Occupational Health and Safety Hazard
When one thinks of a hazard at a workplace what may come to mind are falls from heights or getting caught in a pinch point of industrial machinery. In general we think of something that is traumatic and may cause a physical injury such as a broken arm or leg, concussion or even death. But…
Read MoreBeing Required to Hire Female Escorts Is Not Actually a Title VII Violation
I found a recent case to be a peculiar example of how Title VII is not a “general civility code” in the workplace. In Butto v. CJKant Resource Group, LLC, a male executive was terminated after complaining about being required to arrange female escorts for his married supervisor and perform other activities to facilitate his…
Read MoreNew Workplace Risks – Beware Worker Harassment Claims For Nonemployee Conduct
A new decision from the U.S. District Court for the Eastern District of Pennsylvania highlights the exposure employers have to claims of sexual harassment based upon actions allegedly made by nonemployees, including customers, contractors or vendors. The law requires the employer to provide a safe and secure workplace free from harassment — whether by its…
Read MoreFMLA-Qualifying Leave Must Run Concurrently With Paid Leave Policies
Employers cannot permit employees to use PTO or other paid leave prior to using unpaid FMLA leave for an FMLA qualifying condition, according to a new Department of Labor Opinion Letter. The Opinion Letter also provides that employers cannot designate more than 12 weeks of leave per year as FMLA (or 26 weeks per year if…
Read MoreThe Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers
When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time. The U.S. Supreme Court agreed this week in Lamp Plus, Inc., et al. v. Varela, deciding that parties cannot be compelled to arbitrate class actions unless the arbitration agreement explicitly calls for class arbitration (something…
Read More