Human Resources
Can 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 MoreEmployers Beware: Discrimination Lawsuits Continue to Rise
New federal data shows the U.S. Equal Employment Opportunity Commission (EEOC) is cracking down on unlawful workplace practices. The EEOC filed 143 discrimination or harassment lawsuits in fiscal year 2023, which began on Oct. 1, 2022, and ended Sept. 30, 2023, according to a recent report by the agency. This represents a more than 50…
Read MoreManaging the Employment Relationship in Indiana
From time to time, we get employers with specific questions regarding employment relationship guidelines in Indiana. Here are just a few of those questions we have heard in 2023: Employment relationship State-specific laws What state-specific laws govern the employment relationship? Indiana has adopted the employment-at-will doctrine. Where there is no definite or ascertainable term of…
Read MoreUpdating the Company Employee Handbook Should Move to the Top of Every Company’s Year-End To Do List
As year-end approaches, companies, both large and small, are busy closing out 2023 and putting plans in place for 2024. A key priority that should not be neglected as you make preparations to close out an old year and start a new one is updating your employee handbook. An updated employee handbook can be an effective tool…
Read MoreEmployers Take Note: Harassment Will Soon Have a Broader Meaning with the EEOC
The U.S. Equal Employment Opportunity Commission (“EEOC”) published proposed enforcement guidance for workplace harassment for public comment on October 2, 2023. The proposed guidance can be found on the EEOC’s website. While the EEOC attempted to provide updated harassment guidance under the Trump administration in 2017, final guidance was never issued and if this new…
Read MoreSeventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns
On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. The case highlights the tension between discrimination against LGBTQ+ individuals and discrimination based on religion amid evolving and sometimes conflicting legal…
Read MoreRefusing to Comply with an NLRB Order Can Land Employers in Handcuffs (Even If You’re Not Unionized)
Many companies blissfully believe that they don’t have to worry about the National Labor Relations Act or its enforcing agency, the National Labor Relations Board, as long as they don’t have a union and no one is currently trying to unionize them. They’re wrong. Terribly wrong. Horribly, astoundingly, insanely wrong. And ignoring an order from…
Read MoreEEOC Proposes New Guidance to Help Employers Handle Evolving Harassment Issues
The U.S. Equal Employment Opportunity Commission (EEOC) recently released draft enforcement guidelines regarding workplace harassment, titled “Proposed Enforcement Guidance on Harassment in the Workplace.” This marks the EEOC’s first attempt to update this topic in six years. The EEOC previously issued draft enforcement guidance for public comment during President Trump’s administration. That 75-page proposed update…
Read MoreTo Report or Not to Report: That is the Question – OSHA Injury and Illness Reporting
Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA records still face reporting obligations. Federal OSHA regulations require employers to report work-related fatalities within eight hours, and serious injuries within 24…
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