Any employer that has been the subject of e-discovery requests can attest to the difficulty and expense encountered when compiling and producing company electronic communications. These burdens have been further exacerbated...more
Under most employers’ anti-discrimination and harassment policies, an employee who makes overt racist comments toward a co-worker would likely face termination. In addition to the moral and ethical purposes behind such...more
Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more
8/23/2017
/ Adverse Employment Action ,
Diversity ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Free Speech ,
Google ,
Hate Speech ,
Hiring & Firing ,
NLRA ,
NLRB ,
Political Expression ,
Protected Concerted Activity ,
Race Discrimination ,
Retaliation
Beginning when the first states legalized use of marijuana for medical or recreational purposes, employers began speculating whether legislatures and courts in those states would continue to permit employers to exclude...more
Florida Governor Rick Scott recently signed into law a medical marijuana use bill that was prompted by a voter referendum that amended the Florida Constitution to provide certain patients the right to use marijuana for...more
Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more
Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more
Employers sometimes struggle determining appropriate disciplinary action in the event of relatively low level sexual harassment. Many companies take a no tolerance approach, concluding that keeping the harasser employed makes...more
The policy seemed straightforward. A hospital required all employees to receive seasonal flu vaccinations based on its assessment of the dangers of influenza to patients with compromised immune systems. The hospital went...more
Last Tuesday’s election resulted in California and Massachusetts approving referendums to legalize recreational marijuana use. In addition, Florida and several other states passed or expanded medical marijuana use laws....more
Under the Fair Labor Standards Act, employers are liable for payment of overtime to covered employees. This requirement applies to time that is not specifically authorized by the employer if it is “suffered,” meaning that the...more
Many, if not most employers maintain policies regarding disclosure by employees of confidential business information. Sometimes these policies appear in employee handbooks, and sometimes employees are required to sign...more
In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more
In recent years, numerous employers have fired or taken other disciplinary action against employees based on antics posted on social media sites. The classic example of such reaction involves parents who discover that their...more
The recent tragic shooting in Charleston reignited debate nationwide regarding the appropriateness of public displays of the Confederate battle flag. Earlier this year, the Tenth Circuit Court of Appeals determined that a...more
For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or...more
Like most states, South Carolina recognizes a limited exception to its at-will employment doctrine. South Carolina employees can sue their employers for wrongful discharge if the reason for termination violates state public...more
Last week, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released proposed regulations that would bar federal contractors from adopting or enforcing policies that prohibit employees from...more
Federal Administrative Law Judges continue to adjudicate claims brought by the National Labor Relations Board’s general counsel, challenging the legality of employer social media policies. As reported in EmployNews, the NLRB...more