Does Your Employee Handbook Need a Makeover? Tips to Help Your Policies and Procedures Work for You

Employee handbooks, policy and procedure manuals, and other guidelines given to employees can be a very effective way for employers to communicate their expectations to their employees and show that an employee’s bad behavior was in violation of company policies.  … Continue reading

Posted in Handbook

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Voting on Marijuana in 2018: Medical or Recreational?

Will a marijuana issue be on your ballot this year? The state-by-state approach to medical and recreational marijuana means voters in at least four states will consider revisions to their laws on marijuana.  For employers with nationwide workforces or employees … Continue reading

Posted in Arizona, Hiring, Utah | Tagged , , , , , , , , , ,

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Extraction of Agency Fees from Non-Consenting Public Employees is Unconstitutional

In Janus v AFSCME , U.S. No. 16-1466, the Supreme Court held on June 27, 2018 that  States and public sector unions  may no longer extract agency fees from non-consenting employees. Such extractions violate the employees’ First Amendment  right to … Continue reading

Posted in NLRA, NLRB, Unions | Tagged , , , , , , , ,

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Fifth Circuit: Sign Your Arbitration Agreement!

A surprising and cautionary tale for employers from the usually conservative and employer-friendly Fifth Circuit Court of Appeals – you might want to sign your arbitration agreements.  The court last week struck down an employer’s arbitration agreement which was signed … Continue reading

Posted in Arbitration, Texas | Tagged , , , , , ,

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Tolling of Statute of Limitations in Class Action Realm Narrowed

In 1974 the United States Supreme Court in American Pipe & Construction Co. v. Utah held that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. This holding … Continue reading

Posted in Class Action, Pay | Tagged , , , , ,

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What Your Company Can Learn From the Bryan Colangelo Twitter Debacle

Last week, a bizarre story broke regarding Bryan Colangelo, the general manager of the Phildelphia 76ers (a professional basketball team in the National Basketball Association, for all of you non-sports types). According to published reports, Colangelo allegedly created and operated … Continue reading

Posted in Confidentiality, Handbook, Social Media | Tagged , , , , , , , , ,

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California Legislature Takes A Strong Stance in Response to #Metoo Movement

The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment … Continue reading

Posted in California, Confidentiality, Discrimination | Tagged , , , , , , , , ,

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#MeToo: MA Judge Accused of Sexual Harassment

The #MeToo movement is still moving along and causing victims to come forward in various industries, including the judiciary. Just yesterday (May 24, 2018), the Massachusetts Supreme Judicial Court suspended a state court Judge Thomas Estes because of his secret … Continue reading

Posted in Discrimination | Tagged , , , , , ,

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Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution

If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically … Continue reading

Posted in ADA, Discrimination, Transgender | Tagged , , , , , , ,

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Supreme Court Blesses Employers’ Use of Class Action Waivers

As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible.  Three Courts of Appeal, i.e., the … Continue reading

Posted in Class Action, NLRA, NLRB | Tagged , , , , ,

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