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Employment Law

NLRB must backtrack on joint employment

03/01/2018

Browning-Ferris is back! The National Labor Relations Board on Feb. 26 vacated a December 2017 ruling—Hy-Brand Industrial Contractors—that overturned the controversial Browning-Ferris decision.

Another circuit rules anti-gay bias is illegal

03/01/2018

In a groundbreaking decision, the 2nd Circuit Court of Appeals has ruled that the Title VII provision that prohibits sex discrimination also makes it illegal for employers to discriminate against gay employees.

Have a good reason for acting? Stick with it!

02/27/2018

The 5th Circuit Court of Appeals has refused to overturn a $150,000 jury verdict against a real estate developer. A female sales associate had filed the complaint after her employer transferred her to a less lucrative development, resulting in a significant pay cut.

Snapshot: Your staff may not trust your anti-harassment policy

02/27/2018

One third of employees report that they don’t believe their employer’s sexual harassment policy is effective.

Dodd-Frank whistleblowers must report concerns to SEC

02/27/2018

To claim whistleblower protection under the Dodd-Frank Act, financial services workers must have filed complaints with the federal Securities and Exchange Commission. So ruled a unanimous U.S. Supreme Court on Feb. 21.

Ensure delivery of religious accommodations

02/27/2018

A Maryland furniture delivery company has agreed to pay a spurned job applicant $94,541 to atone for not granting a religious accommodation.

NLRB’s Emanuel under fire for conflict of interest

02/22/2018

National Labor Relations Board member William Emanuel should have recused himself from deliberations leading to the board’s December decision to overturn its 2015 Browning-Ferris ruling. That’s the conclusion of the NLRB’s inspector general.

EEOC strategy plans doing more with less

02/22/2018

The EEOC has released its Strategic Plan for Federal Fiscal Years 2018–2022, the first such plan of the Trump administration, under the leadership of Acting EEOC Chair Victoria Lipnic.

Bonuses or pay raises: Which works best?

02/22/2018

In December, some high-profile businesses announced they planned to give bonuses to their employees. Other companies said they would raise the minimum wage entry-level employees receive, with corresponding increases for higher-paid staff. Both strategies recognize a tightening job market. Which one is right for your organization?

Must we pay for travel time between home and airport and between airport and hotel?

02/21/2018

Q. Is an employer required to pay an employee for time spent traveling from home to the airport (and vice versa, from airport to home on the return trip), and for travel time from the airport to a hotel (and vice versa)?