Separation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers
Background How far must employers go to accommodate their employees’ sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and potentially alter employers’ accommodation obligations in the process. When Gerald Groff started working for the United State Postal…
Read MoreDepartment of Labor Issues Updated FLSA and FMLA Posters
The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them. The FLSA Minimum Wage…
Read MoreHow Can We Be Proactive About Addressing Conflict in the Workplace?
There are many ways to address conflicts in the workplace, before they turn into bigger concerns and more serious obstacles for your organization. The starting point is the ability to reframe the issue of conflict: develop an “attitude of resolution” that views conflict as an opportunity to solve a problem rather than as a confrontation…
Read MoreWhat the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts
On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in “abusive conduct.” This decision, Lion Elastomers LLC II, overturns the Board’s 2020 General Motors decision and requires employers to look critically at the context of abusive conduct before disciplining…
Read MoreWorkplace Religious Accommodation Ruling Expected from Supreme Court Soon
n April, the United State Supreme Court heard oral arguments in Groff v. DeJoy, a case about religious accommodations in the workplace. Specifically, Groff centers around the issue of how great a burden an employer must bear in order to accommodate an employee’s sincerely held religious belief, observances, or practices. The Court will issue its ruling within the…
Read MoreOSHA Launches Nationwide Program Focusing on Workplace Falls
On May 1, 2023, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) to prevent and reduce workplace falls. For the last 12 years, 29 CFR 1926.501 (Duty to Have Fall Protection) has topped OSHA’s list of most frequently cited standards. Despite the agency’s enforcement efforts, falls from heights remain…
Read More“Not a Good Fit” Might Be Grounds for Termination – But You Must Be Able to Back It Up
Employers sometimes assert that an employee is “not a good fit” for the company. Such vague terminology may be problematic when the employee claims that their termination was actually because of illegal discrimination or harassment. But the U.S. Court of Appeals for the Fourth Circuit upheld an employer’s “not a good fit” determination because the…
Read More5 Ways Employers Can Avoid ‘Quiet Quitting’ and Boost Employee Engagement
The concept of “quiet quitting”— the idea of only performing the bare minimum of the job – went viral this past year, sparking debate and taking over social media with hashtags and commentary. Yet despite its buzzword status, quiet quitting isn’t new. Employees “working for the weekend,” and the underlying issues of employee engagement, are…
Read MoreWhat’s in an Offer? Key Considerations for Drafting Effective Employment Offer Letters
An effective offer letter succinctly sets forth the material terms of an employee’s employment and makes clear that no other “unwritten” terms are part of the agreement. This article highlights a few key terms that any offer letter should address. Term Employment Versus At-Will Employment An offer letter should set forth in clear terms whether…
Read MoreSupreme Court Hears Oral Argument on Title VII Religious Accommodation Standard
On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices. By way of background, Title VII, as adopted in 1964, prohibits discrimination on the basis of…
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