Hey CEOs – Be Careful with Those Diversity Initiatives!
A few years back, during the initial surge of corporate diversity, equity and inclusion initiatives in response to the killing of George Floyd and the #BlackLivesMatter movement, I wrote a blog post that applauded corporations for focusing on the issue – but also cautioned them to avoid inadvertently violating anti-discrimination laws in their eagerness. Well, following the […]
Why Are Some Employers Limiting Pre-Employment Marijuana Testing?
Now could be good time for employers to review their drug testing policies. Most states have legalized medical use of marijuana. Federal legalization or reclassification of marijuana from its status as a Schedule I controlled substance is on the horizon. And more states are legalizing marijuana for recreational use or enacting workplace protections for its […]
Upcoming Changes to State Laws
With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, […]
States Continue Trend of Banning Employee Non-Competes
Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that non-competition agreements violate the National Labor Relations Act “[e]xcept in limited circumstances,” on May 24, 2023, Minnesota’s Governor signed into law Bill SF 3035 banning employee non-compete provisions. Becoming […]
A Poor Performance Review Does Not Create a Hostile Work Environment
In a common-sense ruling, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of an employee’s hostile work environment (HWE) harassment claim that was based, in part, on a poor performance review. Under Title VII, HWE harassment consists of multiple acts over a period of time that are so severe or pervasive […]
You Can’t Fire Me For A Facebook Post! I Have A Right To Free Speech! (US)
Ohio Court of Appeals Disagrees, Confirming That Employees Cannot Succeed on Free Speech Violation Claims Against Private Employers (US) Rita Hall worked for Kosei St. Marys Corporation (“KSM”) as a line supervisor. In June 2020, Ms. Hall posted an offense image on her public Facebook page comparing a group of monkeys to a group of […]
Four Things You May Not Know About … the Family and Medical Leave Act
The FMLA applies, with limited exception, to employers with 50 or more employees during 20 or more calendar weeks in the current or preceding year. It in turn provides eligible employees with up to 12 weeks (or, in limited instances involving care of a military servicemember, 26 weeks) of unpaid, job-protected leave for reasons including […]
What to Do With a Fired Employee’s Things?
Throwing them out is not the correct answer, according to the U.S. Court of Appeals for the Fourth Circuit. In Robinson v. Priority Automotive Huntersville, Inc., two employees resigned from their jobs and sued their employer. In addition to claiming a racially hostile work environment (which was dismissed by the Fourth Circuit for failing to meet […]
When an Employer Interviews an Employee, The Power of the NLRA Compels You!
When an employer receives a complaint of workplace misconduct, they often must conduct an investigation that may include interviewing employees. Interviewing an employee is not as simple as one may assume. Employees may have legal rights and protections that restrict an employer’s ability to interview them. Navigating those rights and protections is essential in insulating […]
EEOC releases mandatory posting change
The Equal Employment Opportunity Commission (EEOC) has released an updated Know Your Rights: Workplace Discrimination is Illegal posting that covered employers must post as of June 27, 2023. The poster adds information about employee rights under the Pregnant Workers Fairness Act (PWFA). It notes that: On the new poster, the agency also added information about […]