Archive for December 2019
Four Ways of Avoiding Liability on Common Wage and Hour Compliance Issues
Wage and hour lawsuits are big news these days. Jury verdicts and settlements capture headlines warning of damages and fees totaling seven or more figures, and class certifications in pending cases exponentially expand the risk posed by a single miscalculation or mistaken designation. How can employers best reduce the risk of becoming the next cautionary…
Read MoreNLRB Gives Employers Back the Right to Restrict Employee Use of Work Email
On Tuesday, December 17, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, 368 NLRB No. 143, the National Labor Relations Board (the Board or NLRB) held that an employer may restrict the use of its email system if it does so on a non-discriminatory basis, effectively reinstating the holding of Register Guard, 351…
Read MoreThe NLRB’s Gift of Policy Guidance
As many of you may know, I am a handbook nerd. I think handbooks and the policies contained within are wonderful (ask me about how each handbook is both a sword and a shield). Company policies are as varied as the printing on wrapping paper, and can be edited in more ways than you can…
Read MoreLabor Department Clears the Way for Employee Perks
Employees appreciate employee discounts, tuition reimbursement, prizes of small value, and wellness benefits. But those perks had been put in danger in recent years by lawsuits claiming that employers should have paid overtime on their value. On December 12, 2019, the U.S. Department of Labor saved these and other welcomed extras by issuing revised regulations…
Read MoreReport: Sexual Harassment Has Long-Term Economic Impact on Women
Sexual harassment in the workplace can have long-term economic impacts on the victims resulting in depression, decreased engagement and/or the decision to leave the job, according to new research from the American Association of University Women (AAUW) in Washington, D.C. Women and men reported experiencing sexual harassment—verbal and nonverbal insults, hostile and degrading attitudes, and demeaning…
Read MoreSupervisor’s Derogatory Comments About Hispanics Enough to Advance Bias Claim
A bank teller who alleged that her employment was terminated because she is of Mexican heritage can proceed with her race and national origin discrimination claims, a California appellate court ruled. Even though the bank introduced evidence that the teller was fired for violating a bank policy on check cashing, the teller’s evidence that her…
Read MoreMen Refusing To Work Alone With Women: The HR And Legal Guide
Can a sincerely held religious belief – or a wife’s personal jealousy – justify a male employee refusing to work with women coworkers or other professional contacts? A federal district court in North Carolina is poised to answer this question. The case pending there has drawn substantial national attention because it represents the first legal…
Read More‘No Leave Available’ Text Supports ADA Claim
A sales associate at a Dollar General store who asked how to request leave and was told by text that no leave was available could proceed with her Americans with Disabilities Act (ADA) failure-to-accommodate claim, the 8th U.S. Circuit Court of Appeals ruled. The plaintiff was a lead sales associate at a Dollar General store…
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