Are Your Workplace Social Media Policies Safe From Attack?

Social media has changed the landscape of workplace investigations. Employees now post a lot of information on social media – tweets, check-ins, status updates, and photos – and this information is being used as a source of evidence in workplace investigations.  Information posted on social media can be used to threaten and harass colleagues, reveal […]

Exploring the Intricacies of Workplace Transgender Issues

On August 27, 2014, Law360 posted an article by Ben James entitled “5 Tips For A Transgender-Friendly Workplace.  In the article, James suggested five tips to avoid potential legal problems when addressing transgender issues. These five tips included: Coming up with a transition plan; Offering nondiscriminatory health insurance; Letting workers choose their bathrooms; Communicating policies […]

NLRB Finds Employee’s Facebook “Like” and Comment Protected By Labor Law

[In late August], the National Labor Relations Board (“NLRB”) ruled that two employees of a sports bar and restaurant were unlawfully discharged for their participation in a Facebook discussion criticizing their employer.  In the Facebook discussion that prompted the firings, a former employee complained in a status update that she owed more taxes than expected because of […]

Employers Review Criminal Screening Policies as Ban The Box Popularity Increases

Does your business require job applicants to disclose their criminal conviction history?  If so, you might want to reconsider.  States across America are enacting ban-the-box laws preventing employers from asking about a job applicant’s criminal history.  The reason for the change is that it creates an unfair barrier to employment and eliminates potential hardworking employees […]

Rising Tide Of FMLA Claims Unlikely To Recede, Attys Say

Family and Medical Leave Act lawsuits tripled from 2012 to 2013, a surge lawyers attributed to factors including workers’ increased awareness of their rights and an improving job market. And though businesses are becoming more savvy about their obligations, lawyers say the upward trajectory of FMLA claims isn’t likely to level off in the near […]

Staffing Agencies Beware: OSHA’s New Policy Memorandum Highlights OSHA’s Enforcement Priorities with Respect to Temporary Workers

On July 15, 2014, Thomas Galassi, OSHA’s Director of Enforcement Programs, released a memorandum addressed to all OSHA regional administrators regarding OSHA’s Temporary Worker Initiative—a program developed to increase the agency’s focus on the safety of temporary workers. The purpose of the memo was to clarify the responsibilities of staffing agencies and host employees and to remind […]

5 Steps For Franchisors To Avoid Joint Employer Claims

Franchisors and outsourcing companies should expect to see a rise in claims after a recent National Labor Relation Board’s general counsel decision to treat McDonald’s Corp. as a “joint employer” of its franchised restaurants.  In response to this decision, franchisors and outsourcing companies are going back to the drawing board to review their franchisee relationships […]

Retail Employers Need To Know Pregnancy Accommodations

Retail employers struggle to avoid pregnancy discrimination and accommodation claims because the law on this issue appears to be ever-changing. Indeed, just recently the U.S. Supreme Court agreed to hear Young v. United Parcel Service Inc. to determine whether the federal Pregnancy Discrimination Act requires an employer providing accommodations to nonpregnant employees must provide those […]

10 Sins of Termination (#1 Time to Prevent Lawsuits)

Sin #1. Terminating Rashly in a Fit of Anger Boss: That’s the last straw, you’re out of here—and I mean now! There are at least three things wrong with an on-the-spot termination: People don’t make good decisions this way. There are many factors to considered before terminating. Being disrespectful encourages people to sue. Bottom line, […]

No Hostile Workplace Claim If Victims Oblivious: 11th Circ.

– By Daniel Siegal The Eleventh Circuit issued a precedential ruling Tuesday in an appeal by Austal USA LLC workers who saw their racial discrimination claims against the shipbuilder defeated by a lower court, holding that employees alleging an objectively hostile work environment cannot complain about conduct to which they were “oblivious.” The appeal came […]