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Corporate Counsel Employment Policies Employee Handbooks

Fisher Phillips

Employers Still Need to Follow NLRB’s Strict Handbook Rules – For Now What You Need to Know About Current Standard and When it...

Fisher Phillips on

With a new presidential administration now in place, many employers are hopeful that the National Labor Relations Board (NLRB) will return to more employer-friendly policies – especially those related to handbook policies....more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

BakerHostetler

Employee Handbooks Remain Under Board Attack

BakerHostetler on

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Rumberger | Kirk

Fifth Circuit Opens the Door for Growing Discrimination Claims

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A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

Fisher Phillips

Labor Board Highlights Priorities for the New Year: 5 Key Takeaways for Employers

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Many employers had trouble keeping up with the dizzying pace of new directives from the National Labor Relations Board (NLRB) in 2023. And these changes may have prompted you to review and update your employee relations...more

Fisher Phillips

California Employees Are Now Entitled to Leave for Reproductive Loss: Top 6 Things Employers Need to Know

Fisher Phillips on

Governor Gavin Newsom just signed into law a bill that further expands California unpaid leave by allowing employees to take protected time off due to “reproductive loss.” Senate Bill 848, signed into law on October 10, will...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Labor Board Issues a Blow to Workplace Conduct Policies: Here’s How Your Employee Handbook May Need to Change Today

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The National Labor Relations Board (NLRB) just changed the law again on employee handbooks by modifying the legal standards that for the past six years have provided a commonsense solution for evaluating workplace misconduct...more

Husch Blackwell LLP

The Labor Law Insider: Better Change Your Policies, Including Social Media

Husch Blackwell LLP on

Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

FordHarrison

Texas Supreme Court Compels Arbitration after Nine Years: Why Employers Should be Cautious in Placement of Mandatory Arbitration...

FordHarrison on

Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more

Akerman LLP - HR Defense

Employers: Be Careful What You Include In A Handbook

Most employers include provisions in their Employee Handbook giving them the right to modify the policies at any time. They also make clear that the handbook is not a contract and does not create contractual obligations....more

Littler

Impacts of the Dobbs Decision on Employer Benefit Plans

Littler on

As predicted, the United States Supreme Court issued its final decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark 1973 case Roe v. Wade, which held the U.S. Constitution protected the right of...more

Akerman LLP - HR Defense

Employers Concerned about State Abortion Access Restrictions Weigh Options for Medical Travel Reimbursements

There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage. ...more

Kelley Drye & Warren LLP

NY Requires Notice of Electronic Monitoring to Employees — Are You In Compliance?

As of May 7, 2022, new amendments to the New York Civil Rights Law (linked here) requiring New York employers to provide notice of electronic monitoring to employees went into effect. If your company has not already taken...more

Proskauer - Labor Relations Update

We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks

As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum, the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations...more

Stoel Rives - World of Employment

NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks

Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Fisher Phillips

Labor Board Seems Certain to Soon Change Handbook Standards – What Should Employers Do?

Fisher Phillips on

Lurking in the recesses of your memory may be a recollection that not too long ago, federal labor relations officials scrutinized the employee handbooks of non-union employers and found legal violations with commonplace...more

Proskauer - Labor Relations Update

NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee

In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their...more

Jackson Lewis P.C.

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

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A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

Proskauer - Labor Relations Update

Employer’s Policies On Blogging, Solicitation and E-Mail Signature Blocks Lawful, NLRB Rules (For Now, Anyway)

Over the past few years, the National Labor Relations Board has frequently weighed in on employer’s workplace and employee handbook policies, examining whether an employer’s policy impacts employees’ rights under Section 7 of...more

Morgan Lewis

NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program

Morgan Lewis on

The US District Court for the Southern District of New York (SDNY) ruled that an employer’s mandatory arbitration program was unenforceable because its terms were contained in an employee handbook and did not create a binding...more

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