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…
legal issues
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…
‘Ground-Breaking’ Ruling Says Transgender Discrimination Is Covered by Title VII
The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights…
ADA Won’t Protect Employee When Overtime Is Essential Part of the Job
Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act? The quick answer is: the employer decides when. But,…
Shedding Light On Workplace Abuse
For decades, an executive at a movie production studio engaged in predatory behaviors against women who worked for and with him. When allegations came to light it was revealed that dozens of women were his victims. Worse, the organization he…
Government Is Slowing H-1Bs By Making Greater Paperwork Requests
If your company is petitioning for H-1B visas and it seems like the approval process is taking longer than in years past, it’s not in your head. Anecdotal reports from immigration attorneys are backed up by the numbers: Through November…
US Labor Department Announces FLSA Amnesty Program
What if I told you that conducting a wage-and-hour audit and discovering a Fair Labor Standards Act violation could save you money? “Uh, Eric. Is the air up there in the cloud getting thin?” Hear me out. The PAID program On Tuesday, the U.S. Department…
Can I Immediately Fire a VP Based on Sexual Harassment Allegations?
Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his part has…
NLRB Throws Out Joint Employer Liability Decision, Leaving Browning-Ferris as the Rule
December’s joint employer decision by the NLRB which overturned an earlier case expanding joint employer liability was vacated today after an opinion by the inspector general that there was a conflict of interest. What this means is that the Board’s…
‘Possibly’ Getting Ebola Is Not An ADA Disability
Back in May 2017, I wrote about an Americans with Disabilities Act lawsuit that the U.S. Equal Employment Opportunity Commission filed against an employer. In its complaint, the EEOC alleged that the employer violated the ADA when it feared an employee’s travel would lead to…
What You Need to Do to Prevent Sexual Harassment In the #MeToo Era
In December, TIME Magazine’s “Person of the Year” was “The Silence Breakers.” These were the “women (who) have had it with bosses and coworkers who not only cross boundaries but don’t even seem to know that boundaries exist … These…
Avoid EEOC Trouble By Smart Hiring, Sound Procedures and Soft Skills
The Equal Employment Opportunity Commission (EEOC) resolved 99,109 employment discrimination claims in fiscal year 2017, resulting in $398 million in compensation paid to claimants. Of the claims resolved, 47% were for retaliation by an employer against a complaining employee. These…