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Employment Law

NLRB poised to enact pro-employer agenda

11/16/2017

During the final years of the Obama administration, the National Labor Relations Board adopted an extremely pro-worker and pro-union approach to employment and organized labor issues. That will probably change as the Trump administration puts the finishing touches on an NLRB makeover.

Harassment headlines call for employer action

11/16/2017

Next spring will mark two decades since the U.S. Supreme Court ruled that employers have a responsibility to prevent sexual harassment and, if it does occur, put a stop to it.

Supreme Court 2017–18: Employment law cases on the docket

11/15/2017

This year’s Supreme Court docket covers several timely employment law issues. As the last word on important legal issues, Supreme Court decisions usually offer important compliance lessons.

FMLA mistakes aren’t necessarily ‘willful’

11/15/2017

Under the FMLA, employees have two years to sue for alleged violations—extended to three years if the violation is “willful.” But not every FMLA mistake is a willful violation.

Details matter when documenting promotions

11/15/2017

To counter discrimination in promotion claims, be sure you can show that the selected employee was a better candidate in as many ways as possible. That makes it much harder for a disappointed candidate to prove he was clearly better qualified.

Racism not necessarily employer’s fault even if incident occurs on its premises

11/15/2017

It’s indisputable that some members of racial, ethnic or other minorities experience discrimination from time to time—and of course, that can affect them at work. However, not every discriminatory act that involves work can be blamed on an employer.

Locked out of the office: Is that retaliation—or should she have knocked on the door?

11/15/2017

An employee’s mere suspicion about possible reprisal, based on seemingly minor supervisory actions, won’t persuade a court that retaliation occurred. Instead, workers are expected to take a bit of initiative.

When disabled employee tests positive, prepare to dig deep into prescription history

11/15/2017

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Document business reasons for staffing moves

11/15/2017

Document the timing and explanation for all employment actions. It’s hard for employees to win lawsuits over transfers, demotions or discharges when the employer has records showing objective business reasons for the move.

B&H Photo settles race, sex bias suit for $3.2 million

11/15/2017

The company that owns the world-famous B&H Photo store in Manhattan has agreed to settle hiring and pay discrimination charges brought by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.