Legal
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NLRB proposed rules would end union blocking charge policy
The rule change cites the NLRA's intent to "protect employees' statutory right of free choice" on unionization, according to the filing in the Federal Register.
By Jennifer Carsen • Aug. 16, 2019 -
Study: Managers don't know how to handle harassment complaints
When managers and leaders were approached by an employee with a harassment or discrimination complaint, 39% did not ask questions to identify potential witnesses.
By Lisa Burden • Aug. 16, 2019 -
NLRB: Employers may create, enforce arbitration agreements in response to collective action
The ruling is the board's first to tackle employer conduct around mandatory arbitration since the decision in Epic Systems v. Lewis.
By Ryan Golden • Aug. 16, 2019 -
6th Cir. affirms $677K jury award to FedEx worker told 'females are better suited to administrative roles'
A jury found the company retaliated against her by unfairly disciplining her, not allowing her to earn extra pay and closely surveilling her.
By Jennifer Carsen • Aug. 15, 2019 -
Study: 21% of workers over 40 said they have experienced age bias
Nearly two-thirds of respondents said they received no age discrimination training in the past 12 months, the Hiscox report revealed.
By Valerie Bolden-Barrett • Aug. 14, 2019 -
Worker who mistakenly sent colleague disparaging email could not prove gender bias claims
The email said that it was "sad" how many lives the colleague had ruined, according to court documents.
By Lisa Burden • Aug. 14, 2019 -
Employer's suspension of worker with safety concerns violated NLRA
The NLRA protects workers who engage in "concerted activity," which includes participating in a concerted refusal to work in unsafe conditions.
By Jennifer Carsen • Aug. 14, 2019 -
New report compiles sexual harassment policy reforms made since #MeToo
Five states, for example, extended protections against sexual harassment to interns, independent contractors or graduate students for the first time.
By Valerie Bolden-Barrett • Aug. 13, 2019 -
Not being greeted in the morning is not retaliation, district court says
The plaintiff also claimed that the company's CEO treated her differently by attending lunches with male employees but not her.
By Lisa Burden • Aug. 13, 2019 -
Phlebotomist wins $1.5M jury award in racial harassment suit
The worker said one colleague addressed her with a racial slur, while others tampered with or threw away blood specimens she took.
By Lisa Burden • Aug. 13, 2019 -
Employer's documentation of layoffs defeats employee's discrimination claim
The plaintiff claimed her employer let her go for refusing to sign an affidavit in another woman's discrimination charge, the 8th Circuit said.
By Lisa Burden • Aug. 12, 2019 -
Nurse who didn't apply for full-time position wasn't discriminated against in hiring, court says
The hospital said it "purged" her from the work pool because the only hours available to part-time nurses conflicted with her schedule at a new full-time job.
By Lisa Burden • Aug. 12, 2019 -
DOL: Workers can use FMLA to attend children's special education meetings
There's one big takeaway from this letter, according to Fisher Phillips Partner Myra Creighton: Don't view the FMLA's "to care for" component too narrowly.
By Katie Clarey • Aug. 09, 2019 -
ICE agents round up 680 workers in largest raid in a decade
Workplace investigations have resumed under President Trump after President Obama largely avoided them in favor of audits, AP reported.
By Valerie Bolden-Barrett • Aug. 09, 2019 -
UPS did not need to create a new position as an accommodation, court says
The employee's "physical and cognitive impairments directly affected the core requirements of his job," the 5th Circuit said.
By Jennifer Carsen • Aug. 09, 2019 -
EEOC: Manager violated ADA by chastising worker's accommodation use
The ADA's obligation for employers to provide a reasonable accommodation can include modifying workplace policies, including allowing telework.
By Lisa Burden • Aug. 09, 2019 -
3 tips to survive a DOL audit of your FMLA process
Littler Mendelson shareholder Jeff Nowak taught employers a "Jedi mind trick" they can use once they receive a notice from DOL, among other strategies.
By Ryan Golden • Aug. 09, 2019 -
Trucking company's 'inflexible leave policy' application violated disability discrimination laws, EEOC says
Even when leave is provided as required by applicable laws, the Americans with Disabilities Act may require additional leave as a reasonable accommodation.
By Lisa Burden • Aug. 08, 2019 -
7th Cir.: Parks employee fired for poor attendance and insubordination, not retaliation
When the employee complained of harassment, an internal HR investigation concluded that the dispute stemmed from the employee's disregard for workplace rules.
By Jennifer Carsen • Aug. 08, 2019 -
10th Cir.: Hospital rejected applicant for poor interview, not race or age
The unsuccessful applicant filled out an online application that asked if he was over 40 and also asked about language fluency.
By Jennifer Carsen • Aug. 07, 2019 -
Lab worker's non-hire may have been in retaliation for complaint, 7th Cir. says
The case highlights two factors courts look at when evaluating whether retaliation or discrimination took place: time and treatment of similarly situated colleagues.
By Jennifer Carsen • Aug. 07, 2019 -
'I'm Not Returning to Google After Maternity Leave': Internal memo goes viral at Google
The allegations in the memo continue a chain of employee complaints against Google regarding discrimination, retaliation and other concerns.
By Valerie Bolden-Barrett • Aug. 07, 2019 -
Chicago police communications operators used FMLA for 'booze cruise'
The operators together took Caribbean cruises, during which they drank, "went to numerous restaurants, attended night clubs, toured Caribbean islands" and went horseback riding, the report said.
By Lisa Burden • Aug. 06, 2019 -
Merely providing handbook with arbitration provision is not a contract, 8th Cir. affirms
The PrimeLending employee did not recall reviewing the handbook and the employer had no evidence proving she did, according to court documents.
By Jennifer Carsen • Aug. 05, 2019 -
Employer told pregnant worker to take unpaid leave or work without restrictions
Refusing to provide light duty to pregnant workers when non-pregnant employees are allowed light duty violates the Pregnancy Discrimination Act, the EEOC said.
By Lisa Burden • Aug. 02, 2019
