The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the...more
You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII. After that decision,...more
7/20/2021
/ Bostock v Clayton County Georgia ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling...more
5/20/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations
Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more
1/27/2021
/ Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
First Amendment ,
Free Speech ,
NLRA ,
NLRB ,
Public Employers ,
Section 7 ,
Social Media ,
Social Media Policy
Earlier this year, OSHA issued Guidance on Preparing Workplaces for COVID-19, an educational reference designed to advise employers in all industries on implementing engineering, administrative, and work practice controls and...more
12/22/2020
/ Coronavirus/COVID-19 ,
Documentation ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Inspections ,
OSHA ,
Personal Protective Equipment ,
Risk Assessment ,
Safety Data Sheets ,
Workplace Safety
Months of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for...more
Traditionally, it has been taboo to discuss religion, politics, or divisive matters of public concern in the workplace. Most employers want the worksite to be about work and want to avoid controversial and potentially...more
What happens if you give an employee an accommodation that goes above and beyond what the ADA requires? Can you change your mind down the road and stop providing that accommodation? Or are you stuck providing that...more
In May, JPMorgan Chase entered into a class action settlement regarding allegations that it treated male employees differently than female employees under the company’s parental leave program. On its face, the terms of the...more
What do you do when an employee discloses that he or she is stressed out and needs a reasonable accommodation under the Americans with Disabilities Act, but the requested accommodation strikes you as unreasonable? If you are...more
In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more
9/10/2018
/ Anti-Harassment Policies ,
Complaint Procedures ,
Discrimination ,
EEO ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Identity ,
Harassment ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Communication
Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more
6/28/2018
/ Age Discrimination ,
Anti-Harassment Policies ,
Complaint Procedures ,
Employment Policies ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Policies and Procedures ,
Popular ,
Religious Discrimination ,
Retaliation ,
Sexual Orientation Discrimination ,
Summary Judgment
Like every other employment lawyer in America, I have been giving a good bit of thought to #MeToo and what it means for my clients. Many (although certainly not all) of the stories under this hashtag are about unreported...more
Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more
11/22/2017
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Joint Employers ,
Marijuana ,
Medical Leave ,
NLRB ,
Reasonable Accommodation ,
Sexual Assault ,
Sexual Harassment ,
Social Media Policy ,
Wage and Hour
A National Labor Relations Board (NLRB) judge has struck down Caesar’s Entertainment Corporation’s policy that prohibited employees’ using the company email system to distribute “nonbusiness” information. Why, you ask?...more
Question 1:
After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more