The National Labor Relations Board’s (NLRB) request for input on protection for employees who engage in profane and offensive speech signals that it may be considering a change in the factors it considers when determining if an individual’s comments go beyond what’s protected by the National Labor Relations Act (NLRA).
In the following case, a procedural error resulted in the dismissal of two employees’ claims against their employer. However, one of the employees saw her case revived after the other employee abandoned her claim while the issue was being appealed.
Taco Bell permits employees to buy a reduced-price meal but requires them to eat the meal in the restaurant. Does that turn what would otherwise be an unpaid meal break into paid time? No, according to a recent decision from the U.S. 9th Circuit Court of Appeals (whose rulings apply to all California employers).
In physical, labor-intensive jobs, companies are often concerned about both the ability of employees to be able to do the work and the potential liability for workplace injuries.
If your employee’s religious clothing poses a potential safety risk, you can tell them to not wear it, right? Though that might seem logical from a safety perspective, managers need to concern themselves with a discrimination and compliance perspective as well. As is so often the case, the matter is complicated, and some consideration of […]
It’s no secret that a severance agreement can be an effective risk-management tool. When done right, the separation agreement will forever bar legal claims by the employee who signs it. The question is: do you do yours right?
Over the Memorial Day weekend, I listened to a five-part ESPN 30 for 30 podcast series entitled Bikram. The series discussed the rise and fall of yoga guru Bikram Choudhury. As an occasional practitioner of Choudhury’s method of yoga, I was somewhat familiar with the accusations of sexual misconduct made against him that ultimately resulted […]
You know that funny feeling you get in your gut when you leave the house thinking you forgot something? That exact feeling hit me earlier in my career when our company launched a division in a completely unfamiliar industry.
For the second time in recent months, the popular budget motel chain Motel 6 finds itself on the defensive after a federal lawsuit filed in Phoenix, Arizona, accused the chain of volunteering guests’ personal information to U.S. Immigration and Customs Enforcement (ICE) agents, leading to the detention and deportation of guests.
The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently affirmed a lower court’s decision to dismiss an employee’s same-sex sexual harassment claim after determining that the supervisor lacked the ability to take tangible employment action against the employee.