Archives: Employment Policies

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Join Us on October 10 for Our Annual NLRB Update Webinar (US)

The change in administration following the 2016 election resulted in a change in the political makeup of the National Labor Relations Board.  That, in turn, led to a number of significant changes in the law, affecting a wide range of labor relations issues and impacting both unionized and non-union employers.  Please join us on October 10 … Continue Reading

Post-Epic Systems, Kentucky Supreme Court Holds That Under State Law, Employers Cannot Require Mandatory Arbitration Agreements as a Condition of Employment (US)

Earlier this year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employers can require employees to agree to arbitrate disputes between them solely on an individual basis and to waive class and collective action litigation procedures without running afoul of federal law.  (See our post here).   Addressing an issue not … Continue Reading

US Supreme Court Begins New Term with Three Arbitration Cases Set for Oral Argument in October

We’ve been keeping you apprised of the many developments over the past few years coming from the United States Supreme Court and other courts concerning agreements between employers and their employees to arbitrate disputes arising out of the employment relationship.  The Supreme Court’s decision last term in Epic Systems v. Lewis, which we discussed in … Continue Reading

Deadline Extended for Compliance with New York Sexual Harassment Prevention Training Requirement

As we discussed in our previous posts – see here and here – in April 2018, New York passed legislation intended to combat workplace sexual harassment.  Under this new law, employers are required to implement and distribute to employees a written policy prohibiting sexual harassment by October 9, 2018.  To assist employers in complying, in … Continue Reading

Municipal Right-to-Work Ordinance Struck Down by US Federal Appeals Court

Right-to-work laws prohibit employers from entering into union security or “closed shop” agreements with unions that require employees to join and financially support a union in order to obtain employment.  Twenty-seven U.S. states presently have such laws.  In some states that do not have these laws, cities have passed local right-to-work ordinances to apply to … Continue Reading

National Labor Relations Board Proposes New Joint-Employer Rule

Rule Would Return To Direct and Immediate Control Test, But Adds New Requirement That Such Control Be “Substantial” On September 14, 2018, the National Labor Relations Board (“NLRB” or the “Board”) published in the Federal Register a Notice of Proposed Rulemaking (“Notice”) proposing a new rule to be applied by the NLRB to determine whether … Continue Reading

Ensure Your Company’s Public Relations Response Plan Follows These Key Employment Law Principles (US)

When a public relations issue strikes, it can be difficult to find time to implement new procedures or educate employees on new legal concepts. This is particularly true where social media can trigger a public relations crisis almost instantaneously. Accordingly, an organization should develop a public relations response plan before it needs one.… Continue Reading

New York Releases Package of Draft Model Policies for Employers and State Contractors in Response to Sexual Harassment Law Adopted in April 2018

On August 23, 2018, the New York State Department of Labor (“NYSDOL”) released written guidance addressing new requirements under New York State law that are designed to prevent sexual harassment in the workplace.  The material outlines proposed minimum standards, training requirements and other compliance materials for the new state law.  This release comes as the … Continue Reading

NLRB Clarifies Key Developing Issues for Union and Non-Union Employers (US)

As most union and non-union employers know, the National Labor Relations Board has updated its standards in several respects over the past year. For some of these updates, the Board has not comprehensively clarified how far they extend or when they apply. In an effort to help clarify employers’ obligations, the Board’s top prosecutor, General … Continue Reading

State Law Round-Up: New Sick Leave, Sexual Harassment Laws and Other State Law Developments (MA, MD, MN, NJ, NYC, TX, VT)

Massachusetts Imposes One-Year Cap and Other Restrictions On Non-Compete Agreements The Massachusetts Noncompetition Agreement Act (see link, at Section 24L) (“MNAA”) effective October 1, 2018, places new restrictions on the length and applicability of non-compete agreements between employers and employees who work within the state of Massachusetts. (Note that the law defines employees to include … Continue Reading

Federal Court: Franchisors and Other Businesses Do Not Create Joint Employment Via “Brand Protection” and Indirect Control (US)

Earlier this decade, hardly a week passed without some court or agency interpreting the joint employment doctrine more expansively than before. Although the National Labor Relations Board created many of these headlines by attempting to treat McDonald’s as the joint employer of its franchisees’ employees and expanding its joint employment test, many courts and other … Continue Reading

US Supreme Court Strikes Down Fair Share Fees for Public Sector Unions

By Wm. Michael Hanna, Emily R. Spivack, and Dylan Yepez On June 27, 2018, the United States Supreme Court decided in a 5-4 decision that public sector unions may no longer collect so-called “fair share” fees from non-members.  The decision will have broad implications for public sector unions and employers. Fair share fees are charged … Continue Reading

National Labor Relations Board Issues More Useful Guidance on Handbooks and Other Policies (US)

Last December, the National Labor Relations Board issued a groundbreaking decision that gave both union and non-union employers more flexibility to protect their interests through employee handbooks and other written policies. This week, the Board’s top prosecutor – General Counsel Peter Robb – expanded on that decision and further clarified when an employers’ written policies … Continue Reading

Summertime Means Vacation – Is Your Vacation Policy Compliant? (US)    

It’s summertime in the U.S., school’s out, and employees are heading off to visit family, the beach, mountains, national parks, and everywhere else, which means it’s a good time for employers to review their vacation policies and practices. No federal or state laws require U.S. employers to provide employees with any vacation time, either paid … Continue Reading

Title VII Bars Sexual Orientation Discrimination, Says Second Circuit Court of Appeals (US)

Last spring, we reported that the Seventh Circuit Court of Appeals (which hears appeals from Illinois, Indiana, and Wisconsin federal trial courts) had become the first federal appellate court to conclude that Title VII’s sex discrimination prohibition also precludes discrimination based on sexual orientation. On February 26, 2018, the Second Circuit Court of Appeals, ruling … Continue Reading

NLRB Releases Slew of Advice Memoranda Providing Interpretative Guidance On Labor Issues (US)

During the first month and a half of 2018, the National Labor Relations Board (“NLRB” or “Board”) released a torrent of memoranda authored by its Division of Advice (“Advice”), a section of the NLRB’s Office of the General Counsel.  As you may have read on our blog before, Advice memoranda are issued by the NLRB’s … Continue Reading

Does the US Winter Weather Impact Employee Wages? (US)

With much of the United States covered in ice and snow, many employers are questioning when they need to pay employees who are affected by weather-related disruptions. All throughout the United States employees have been late to work because they were stuck in the snow or their kids’ school was yet again delayed and businesses … Continue Reading

Holiday Party Tips to Ensure Too Much Cheer Does Not Turn Into a New Year’s Liability (US)

With the holiday season upon us, now is the time to assess your company’s upcoming holiday party, with the biggest concern being employee alcohol consumption. While there is no way to completely insulate your company from liability arising out of employer-sponsored holiday parties, other than a decision not to hold a holiday party all together … Continue Reading

Major Developments for Union and Non-Union Employers – NLRB Announces New Standards For Employment Policies, Joint Employment, and Signals Change In Election Rules

The National Labor Relations Board (NLRB or Board) issued two groundbreaking decisions on December 14, which will give both union and non-union employers significantly more flexibility to manage their operations.  Earlier this week, the Board also signaled that it will revise the “quickie” election rules implemented in 2015 in the near future.  These developments will … Continue Reading

New NLRB General Counsel Issues Internal Memorandum Signaling Beginning of Shift in NLRB Policy

On December 1, the newly sworn-in General Counsel of the National Labor Relations Board (“NLRB” or “Board”) Peter J. Robb issued an internal NLRB memorandum (which was subsequently released to the public) that does more than just hint at changes to come in Board policy on many of the hot button issues that have been … Continue Reading

Sexual Harassment Claims Put Non-Disclosure and Arbitration Agreements Under Scrutiny, Resulting in a Flurry of Legislative Action

In the current climate where sexual assault and harassment allegations against Hollywood elite, Congressmen and news anchors have triggered a wave of “me too” allegations, several tools commonly used by employers to shield themselves from liability have come under attack, including non-disclosure agreements (NDAs) and arbitration agreements. Many employers require employees to sign NDAs as … Continue Reading

Illinois Employers Face A Recent Rash of Class Action Lawsuits Filed Under State Biometric Information Privacy Law

Illinois enacted its Biometric Information Privacy Act (“BIPA”) in 2008 to regulate, among other things, employer collection and use of employee biometric information.  Biometrics is defined as the measurement and analysis of physical and behavioral characteristics.  This analysis produces biometric identifiers that include things like fingerprints, iris or face scans, and voiceprints, all of which … Continue Reading

Paid Family Leave On the Rise – California and New York State Both Set to Expand Benefits Starting January 1, 2018

Come January 1, 2018, employees in California and New York will enjoy new and expanded rights to time off work, with pay, to attend to certain family needs.  New York, whose law was enacted in 2016 (see our prior post here), boasts its law as being the nation’s “strongest and most comprehensive” on paid family … Continue Reading
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