It’s the most important employment law decision of 2018

The Employer Handbook

But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Minarsky went through hell for several years working for her employer.

It’s the most important employment law decision of 2018

The Employer Handbook

But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Minarsky went through hell for several years working for her employer.

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

The Employer Handbook

By Chris Potter (Flickr: 3D Judges Gavel) [ CC BY 2.0 ], via Wikimedia Commons Yesterday, I blogged here about the most important employment law decision of 2018. But, none should be happier than my friend, Dave Koller of Koller Law, LLC , who represents Ms.

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

The Employer Handbook

By Chris Potter (Flickr: 3D Judges Gavel) [ CC BY 2.0 ], via Wikimedia Commons Yesterday, I blogged here about the most important employment law decision of 2018. But, none should be happier than my friend, Dave Koller of Koller Law, LLC , who represents Ms.

Girl Scout Cookies and Employment Law – Almost Everything That HR Needs To Know

The Employer Handbook

Let’s see what my employment-law blogging buddy, Jon Hyman , had to say about this : Consider an employer with a strict no-solicitation policy that ignores Girl Scout cookie sales or March Madness brackets.

Upcoming Changes in Poland’s Labor and Employment Law

Global People Strategist

The Polish legislature is currently working on a couple of labor and employment laws that will take effect in 2019 and possibly ring in a new era of HR in Poland. Notably, the use of both monitoring services is strictly restricted, to be used by employers only when necessary.

The Oxford Comma Case Proves We Need New Employment Laws, Not Better Grammar

Evil HR Lady

What ensued in the United States Court of Appeals for the First Circuit, and in a 29-page court decision handed down on Monday, was an exercise in high-stakes grammar pedantry that could cost a dairy company in Portland, Me., Everyone is focusing on the Oxford comma part of this case, but I’d like to focus on the ridiculousness of an employment law that could result in this confusion and hinge on a grammar question.

Why your control employees must care about employment laws

Ohio Employer's Law

Like most things in the law, the answer is, “It depends” on the law about which you are concerned. If it’s wage and hour advice, for example, then the Fair Labor Standards Act provides for individual liability for those who exercise significant control over the company’s operations. There are also potential common law claims under states law (e.g., Here is the part, however, to which Ohio employers must pay attention.

Now is the time to restore balance to Ohio’s employment discrimination law: Endorsing the Employment Law Uniformity Act

Ohio Employer's Law

For lack of more artful description, Ohio’s employment discrimination law is a mess. Monday, State Senator Bill Seitz introduced Senate Bill 268 [pdf] , the Employment Law Uniformity Act. Caps noneconomic and punitive damages based on the size of the employer.

Is this the worst employment law decision of 2017?

Ohio Employer's Law

Raimondo —holding an employer’s attorney for liable for FLSA retaliation against his client’s employee because the employee sued his client for unpaid overtime—I’m thinking of adding the 9th Circuit to my list of tourist stops in San Francisco to see if courthouse resembles a Salvador Dali painting. The wage and hours provisions focus on de facto employers, but the anti-retaliation provision refers to “any person” who retaliates.

Workplace lactation discrimination laws are expanding: Stay compliant

HR Morning

The award highlights employers’ exposure to lawsuits stemming from ignoring the rights of nursing mothers in the workplace, as defined under Title VII of the civil Rights Act, the Pregnancy Discrimination Act and a variety of state and municipal laws. No Employer Exemption.

Is obesity a disability under ADA?

Business Management Daily

Michigan has banned obesity discrimination in employment since 1977. Musculoskeletal injuries such as carpal tunnel syndrome, tendonitis and herniated disks cost employers more than $50 billion per year, according to the Centers for Disease Control.

You can’t fire an employee while on FMLA leave. Except when you can.

The Employer Handbook

She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled. An employee fired while on FMLA leave is usually a recipe for trouble for the employer. Employer wins. Image Credit: Pixabay.com.

Handling the tricky questions in FMLA intermittent leave

HR Morning

The FMLA allows employers some flexibility in granting different kinds of intermittent leave. The law also allows use of intermittent leave for child care after the birth or placement of an adopted child, but only if the employer agrees to it.

Halloween Costumes at the Office: Keep It Tasteful to Avoid Spooking Employees

HR Daily Advisor

If someone is offended when a coworker shows up at work in an inappropriate costume, you can reduce the employment-related problems if you handle the employee’s concerns in a respectful manner. Employment Law Dress Code

Organizing I-9 documents: Keeping your employee paperwork compliant and secure

Business Management Daily

Immigration and Customs Enforcement (ICE) recently sent out more than 3,000 Notices of Inspection (NOI) to employers. The agents are checking to ensure the target employer’s I-9 documents are compliant. Before an NOI arrives, employers should have already run an internal I-9 audit.

NLRB Takes Next Step Toward Employer-Friendly Rule on Joint Employment

HR Daily Advisor

The National Labor Relations Board (NLRB) is on track to settle once and for all the question of what constitutes joint employment, and the standard being pursued is seen as a win for employers that use a franchise business model as well as those using temporary staffing agencies.

EEOC issues 2017 enforcement plan: 6 areas it’s targeting next

HR Morning

In other words, if the agency investigates or sues an employer, chances are it’ll be in one of the primary enforcement areas outlined in its new Strategic Enforcement Plan. Retaliatory practices that dissuade others in the workplace from exercising their rights.

7 facts every HR manager should know about wrongful discharge

HR Morning

In today’s litigious workplace atmosphere, employers need to be mindful of the possibility of wrongful-discharge lawsuits from employees who have been let go — and are angry about it.

Emphasize Exempt Duties in Your Job Descriptions for Exempt Positions

HR Daily Advisor

The FLSA generally requires employers to pay at least minimum wage and overtime compensation to nonexempt employees. If an employee qualifies for either exemption, her employer is not required to pay her minimum wage and overtime compensation. Employment Law Accurate Job Descriptions

How the NLRB’s Recent Decisions Can Affect All Employers

HR Daily Advisor

Decisions by the National Labor Relations Board (NLRB) are often thought of in the context of unions, but the NLRB’s decisions can affect all employers because of the federal law it enforces. Employer Policies. Joint Employers.

Court: HIPAA Violations are Grounds for Termination

HR Daily Advisor

Michelle,” a registered nurse, was employed by Norton Audubon Hospital. On October 30, 2013, Michelle filed a lawsuit in Jefferson Circuit Court alleging that Norton wrongfully terminated her employment. The court found no evidence that Norton had asked Michelle to violate the law.

Ring Confirmation Provides Republican Majority on NLRB

HR Daily Advisor

Senate has confirmed attorney John Ring for a seat on the National Labor Relations Board (NLRB), employers can expect the NLRB to continue trying to roll back some controversial rulings from the Obama-era Board—and ward off possible conflict-of-interest problems. Now that the U.S.

NLRB Looking for Clarity on Joint Employment, But Change Won’t Be Quick

HR Daily Advisor

The National Labor Relations Board (NLRB) is considering entering the long and cumbersome process of rulemaking in an effort to create a clear standard for determining what puts two or more employers in a joint-employment relationship under the National Labor Relations Act (NLRA).

20-state lawsuit claims ACA just became ‘unconstitutional’: What now?

HR Morning

And on the surface, this chapter looks like it could potentially be the last for the controversial law. ‘No remaining legitimate basis for the law’ Plaintiffs claim a recent Supreme Court ruling backs up their argument.

Employee Fails at Thinking Outside the Bun in Suit Against Taco Bell

HR Daily Advisor

9th Circuit Court of Appeals (whose rulings apply to all California employers). California law requires employers to provide meal and rest breaks to all nonexempt employees after a certain number of hours worked. Takeaway for all Employers.

Supreme Court’s Ruling in Same-Sex Wedding Cake Case Leaves Uncertainty

HR Daily Advisor

Supreme Court’s ruling in favor of a Colorado baker who cited religious reasons for his refusal to bake a cake celebrating a same-sex marriage provides clarity to that baker, but still leaves some uncertainty for other employers. Meaning for Employers. The U.S.

Joint-Employment Standard Back in Spotlight as Appeals Court Reenters Case

HR Daily Advisor

An appeals court’s decision to grant a motion to reconsider a case involving joint employment is the latest development in an issue that has sparked much confusion in recent months. which set a different joint-employment standard from the one set by the NLRB in Browning-Ferris.

Browning-Ferris Reversal Calls End to Uncertainty on Joint Employment

HR Daily Advisor

Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14. and a contributor to Federal Employment Law Insider , said of the new ruling.

No answer on legality of cutting hours under ACA: Dave & Buster’s settles ERISA suit

HR Morning

As HR Morning covered previously , the ERISA lawsuit was the first case in which an employer was accused of intentionally interfering with employees’ benefits to avoid the ACA’s employer mandate.

The NLRB’s New Guidance Loosens Reigns on Handbooks

HR Daily Advisor

In our February 2018 issue, we informed you that the National Labor Relations Board (NLRB) was “loosening the reins on employer handbook rules” (see the lead article in that issue). Category 1: Rules that Are Generally Lawful.

4 tips for balancing health with legality in employee wellness programs

Ceridian

Simply put, healthier employees are more productive employees – if you can urge people to eat well, exercise regularly and stave off illness to the best of their abilities, you’re more likely to maintain a strong workforce over the […]. Health & Wellness HR Compliance EEOC employee health employment law Equal Employment Opportunity Commission health care reform legal sick leave Wellness Program

Without HR Guidance, Even Adult Clubs Are at Risk for Lawsuits

HR Daily Advisor

Had and exercised control over the dancers’ work and working conditions. Here are some points that stand out from this case: Even conservative jurisdictions like the Northern District of Georgia will dissect FLSA cases carefully, rule clinically, and will show no sympathy towards employers.

When Can You Say No to Religious Garb in the Workplace?

HR Daily Advisor

Brooks’ lawsuit demonstrates that your managers and supervisors need to be aware of the legal obligation to ensure that company dress codes and other employment policies take into account and adjust for employees’ religious practices.

NLRB Chair Says Rule Defining Joint Employment on the Way

HR Daily Advisor

The National Labor Relations Board’s (NLRB) announced intention to issue a proposed rule on joint employment by summer is seen as a way to provide a stable solution to the question of when two or more employers share joint responsibility for the same group of employees.