Legal

As human resources consultants, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time to time that always strikes me as a particularly unfortunate loss of talent – when a good employee gets promoted into a…

NLRB rulings and new anti-harassment, marijuana and leave laws may prompt changes. A new year inevitably brings new workplace laws, whether at the federal, state or local level. So January is usually a good time for HR professionals to review their employee handbook and make changes. Staying abreast of the evolving regulatory environment remains one…

What would you do if one morning you saw on the overtime volunteer list on your company bulletin board that an employee had handwritten across the top of the list the words “Whore Board?” I think I know: You would fire that employee, assuming you could identify who it was. However, what if this all…

In a case that offers good news to employers, the U.S. Court of Appeals for the Eighth Circuit, with appellate jurisdiction over the following United States district courts: Eastern District of Arkansas Western District of Arkansas Northern District of Iowa Southern District of Iowa District of Minnesota Eastern District of Missouri Western District of Missouri…

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…

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…

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…

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…

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…

It’s that time of the year again. Cyber Monday — the first work day following the Thanksgiving break — is expected break online shopping records. In 2018, retailers saw a 20% increase in Cyber Monday revenue as consumers spent over $7.9 billion on online transactions. Surprisingly, Cyber Monday has begun to outpace Black Friday, which…

One Promotion Too Far

It’s Time to Review Your Employee Handbook

Caught Between a Rock (Labor Law) and a Hard Place (Employment Law)

Employer’s Good Faith Belief as to Employee’s Misconduct Sufficient to Support Termination

Four Ways of Avoiding Liability on Common Wage and Hour Compliance Issues

NLRB Gives Employers Back the Right to Restrict Employee Use of Work Email

The NLRB’s Gift of Policy Guidance

Report: Sexual Harassment Has Long-Term Economic Impact on Women

Supervisor’s Derogatory Comments About Hispanics Enough to Advance Bias Claim

Cyber Monday And Online Shopping: 3 Things Employers Need To Know