Since the #MeToo movement began in October 2017, hardly a week goes by without the hashtag making headlines. From Miss America pageants to proposed legislation, the movement has given victims of sexual violence and harassment a new voice and has…
legal issues
California Employers Must Pay For Expected Off-the-Clock Time
California employers who regularly have their hourly workers do brief, after-hours tasks must pay them for the time, the state’s Supreme Court said Thursday. In a case arising out of a Starbucks shift supervisor suing for the off-the-clock time he…
Appeals Court Says #MeToo Shows Employee Delay In Sex Harassment May Be Reasonable
In a July 3, 2018 opinion based in part on the revelations of the #MeToo era, the U.S. Court of Appeals for the Third Circuit held that an employee’s failure to report sexual harassment over a period of several years…
DOL Signals Return to Historical Test to Decide Worker Classification
The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on July 13 titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.” Although this FAB focuses on the caregiver registry industry,…
A Look at How Brett Kavanaugh Could Shape Employment Law
Respect to the employment law bloggers, reporters, and others who have been trying to read the tea leaves to predict what Judge Brett Kavanaugh’s record as a jurist would foreshadow should he ascend to the U.S. Supreme Court. Discrimination claims…
In the Rush to Big Data, Don’t Ignore the Legal Risks
Dear Littler: We are revamping our online job application. I asked our HR director if we should eliminate the question asking about an applicant’s hobbies. Not only does she think we should keep the question, but she says we need to…
Four EEOC-Approved Ways Your Company Can Prevent Age Discrimination at Work
Ayo, the U.S. Equal Employment Opportunity Commission just released a report on “The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA).” According to the EEOC press release, “[t]he report finds that age…
Court Says Government Workers Can’t Be Forced to Pay Unions
There’s much hand-wringing and hand clapping today over the U.S. Supreme Court’s decision that government workers can’t be forced to contribute to unions. In a 5-4 vote, the Court’s conservative majority ruled that laws requiring teachers, firefighters, police and other…
Fair Warning: You Could Be Criminally Charged In Anti-Poaching Cases
The U.S. Department of Justice put HR professionals on notice that they face the risk of criminal prosecution if they are linked to what is viewed as anti-competitive activity with competitors restricting employment opportunities, benefits and depressing wages, so-called anti-poaching…
9 Ways the NLRB Is Making It Easier to Revise Your Handbook
If you’re new to the field, you’ll have to take our word on it, but HR-compliance professionals know that drafting a 100% compliant employee handbook got a lot tougher over the past several years. Let’s forget about paid-sick-leave laws, ban-the-box, and…
The Good, the Bad, and the Ugly of Take Your Dog to Work Day
Tomorrow marks the 20th anniversary of Take Your Dog to Work Day (TYDTW), the event that really launched the era of pet-friendly workplace policies. Back in 1999, Pet Sitters International had this out-of-the-box notion: What if we created an event…
NLRB Issues New Guidance on How It Will Interpret Handbook Rules
Last week, NLRB General Counsel Peter Robb issued a lengthy 20-page memorandum (GC 18-04) providing detailed guidance regarding enforcement of “Handbook Rules Post-Boeing.” In The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017), the Board established a new standard governing…
Supreme Court Rules In Favor of Baker In Wedding Cake Discrimination
The US Supreme Court has ruled in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple. However, the 7-2 decision sets no precedent, instead the majority said the Colorado Civil Rights Commission showed a…
Experience Caps In a Job Posting Could Be Age Discrimination
Law firms, among other businesses, are notorious for seeking non-partner candidates with experience within a range of years: “1-4 years,” “5-8 years,” “with about 10 years of experience.” Could placing a cap on the number of years of experience be…
Taking Legal Drugs to Fight Addiction Is Covered by the ADA
Folks, I’m warning you, this is a tough one. Under the Americans with Disabilities Act, an employer must provide a reasonable accommodation (if available) to a qualified individual with a disability upon request if doing so will enable that person to…
Epic Shift: Court’s Class Action Decision Could Limit #MeToo Cases
The Supreme Court’s landmark decision yesterday on arbitration agreements has widespread implications for all employers. In Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Gorsuch, the Supreme Court held that arbitration agreements and class/collective action waivers are…
Supreme Court Says Employers Can Force Workers Into Arbitration Instead of Class Action Suits
Editor’s note: A sharply divided U.S. Supreme Court today ruled that employers can force workers to go to arbitration over workplace grievances, rather than filing lawsuits. The 5-4 decision by the court’s more conservative members upholds arbitration clauses in employment…
What Can We Do About an Employee Showing Signs of Mental Decline?
Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for…
If You’re Sued, Your Sexual Harassment Report Could Become Public
A female employee has just complained to HR that the CEO harassed her. This complaint is the third one against the same alleged harasser. So, you hire an outside attorney to conduct a full investigation, anticipating that there might be subsequent…
Appeals Court Says Prior Salary Doesn’t Justify Pay Differences
Just in time for Equal Pay Day, a federal appeals court today ruled today that an employee’s salary history alone is insufficient to justify pay differences between male and female employees. “Reliance on past wages simply perpetuates the past pervasive…