The Employer Handbook Blog
By Darwinek – self-made using Image:Flag of Nevada.svg and Image:USA Nevada location map.svg, CC BY-SA 3.0, Link
Alabama.
Oh, wait. I meant Nevada. Continue reading
Articles Posted in Human Resources Policies
Does your sexual harassment training include this important topic? If not, it should.
Image by Gerd Altmann from Pixabay
More than ever, American workplaces are emphasizing diversity by targeting hires of different races, religions, ethnicities, genders, cultural and educational backgrounds, work experience, etc. This variety promotes different viewpoints, better problem-solving, a just a more dynamic workplace. Generally, this results in businesses attracting better talent, reducing turnover, and improving the brand and reputation.
But, with different backgrounds may come a different appreciation of social norms.
I have an example for you.
“Paid Sick Leave?!? How about paid leave for ANY reason? Now, hold my lobster martini.” — Maine, probably.
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By Henry Mitchell Restoration by Godot13 – Mitchell, Henry (1876) The State Arms of the Union, Boston: L. Prang & Co., Public Domain, Link
City and state-mandated paid sick leave is so 2018.
In 2019, the State of Maine has decided up the ante by requiring most private employers to provide paid leave for any reason. Continue reading
Everything you’ve ever wanted to know about employee opioid and marijuana use in the workplace
Image by Steve Buissinne from Pixabay
Last week, I participated on a panel on which a few of us employment lawyers discussed the pitfalls and best practices for dealing with issues related to employee opioid and marijuana use in the workplace. Continue reading
A new bill in Congress will end forced arbitration of employment claims. But, will it pass?
Image Credit: Photofunia.com
In a statement issued earlier this week, House Judiciary Chairman Jerrold Nadler (D-NY) announced that he would “not rest” until Congress passed “historic legislation to end forced arbitration.”
I have a feeling Mr. Nadler is going to be pretty tired. But, let’s see what this is all about. Continue reading
New legislation would guarantee employees the right to collective and class action litigation
Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/)
Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity.
That decision did not sit well with several members of Congress. Continue reading
For real this time, the EEO-1 deadline is September 30, 2019. Seriously
Multiple reports (1, 2, 3), are confirming that District Judge Tanya S. Chutkan ruled yesterday that the deadline for filing your EEO-1 filing will be September 30, 2019.
(For more on this EEO-1 circus, click here.)
That’s it. That’s all I’ve got for you today. Continue reading
The Supreme Court just buried class-action arbitration of employment claims*
Image Credit: Photofunia.com (http://photofunia.com/results/5cc10d55846d7897318b4581)
In 2010, the Supreme Court held in Stolt-Nielsen SA v. AnimalFeeds International that a court may not compel class-action arbitration when an arbitration agreement is silent on the availability of such arbitration.
Last year, in Epic Systems Corp. v. Lewis, the Supreme Court issued another employer-friendly decision on arbitration when it concluded that the National Labor Relations Act does not usurp an agreement between a company and its worker to arbitrate employment-related claims on an individual, non-class basis.
Yesterday, the Supreme Court finished walking dry the mudhole that it had stomped on employee class-actions in arbitration, right before delivering stunners to everyone. Continue reading
NYC is going to ban pre-employment marijuana drug screening. How do you feel about that?
User:Jennifer Martin [CC BY-SA 4.0], via Wikimedia Commons
Mayor Bill de Blasio is expected to sign the legislation.
Another New Jersey court weighs in on MedMar accommodations…and it’s WILD!
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)
The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.”
And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer. Continue reading