Archive for November 2023
Accommodating Disabilities Under the ADA: Just Because You Can Doesn’t Mean You Must
It’s widely understood that the Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to individuals with disabilities to enable them to perform their essential job functions. What’s not so well understood is what exactly is a “reasonable accommodation,” and when and what job functions are truly “essential.” A recent decision from…
Read MoreThe NLRB’s Joint Employer Rule Faces Legal Challenges and Delays
The National Labor Relations Board’s (NLRB) new joint employer rule has drawn the ire of business groups and Republican lawmakers alike and is now facing legal challenges on multiple fronts. Employers should watch these challenges closely and prepare for compliance with the rule in early 2024. The Rule at a Glance The rule, which until…
Read MoreManaging Outside Investigators – Best Practices for Employers
When workplace misconduct, whistleblowing or harassment is at issue, employers commonly turn to outside investigators to help ensure an unbiased investigation that will withstand challenge in future litigation. Engaging an investigator who is an attorney helps ensure that the investigation file and report will be protected by attorney client privilege. Employers may later decide to…
Read MoreCan an Employer Fire You for Your Speech Outside Work?
Absolutely yes – depending on the circumstances. While we have grown up with the notion that free speech is sacrosanct in this country, the First Amendment actually only prohibits the government from restricting individuals’ speech. The restriction on censorship does not extend to private employers and, to be clear, not-for-profit organizations are also private employers.…
Read MoreWorkplace Policy Updates Required: What Employers Need to Know About the NLRB’s Stericycle Decision
Are your employee handbooks and policies “chilling” employee conduct? This and other questions, answered Employers should take note, the NLRB’s recent Stericycle decision has broad implications for all U.S. employers with respect to workplace policies. This decision heightens employee protections under Section 7 of the NLRA. Employers should act now and review and update policies…
Read MoreThink Twice Before Closing the Shop Doors
In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal and restore the status quo ante when it held that the company’s decision to terminate all of its recently unionized…
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