Articles Posted in Human Resources Policies

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Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have to.

Yesterday, multiple news outlets, including Roll Call’s Ryan Tarinelli, reported that both the House and Senate will introduce a bill soon to end the forced arbitration of race discrimination claims in the workplace. Continue reading

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The EEOC has guided employers to accommodate employee use of certain prescribed medications, and excuse failed drug tests that reflect the presence of those drugs — if it is done safely — because those individuals who test positive likely have an underlying disability.

But, when employee self-medicate — like with CBDs for stress and anxiety — not only is there no duty to accommodate, the employee may not be able to establish an underlying disability. Continue reading

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A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy of the arbitration agreement that the individual had signed.

After an uncomfortably long pause, I went back to drafting the complaint to be filed in court. Continue reading

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A couple of years ago, I blogged (here) about a company that installed spyware to monitor an employee’s Facebook Messenger activity, discovered a nefarious plot to secure client information and intellectual property, and obtained an injunction to stop the employee from starting a competing business.

But there are legal limits to employer sh*tbaggery surreptitiously monitoring employee communications. Continue reading

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On Friday’s edition of The Employer Handbook Zoom Office Happy Hour — catch the replay here if you missed it —  we talked about 2022 changes in the law that could impact 2023 updates to your employee handbook. One talked briefly about how the pendulum at the National Labor Relations Board is swinging back toward employee rights.

What I failed to mention was that, with that shift, the Board is taking an aggressive position on how employers — union or not — may have to make employees whole for violations of the National Labor Relations Act (the “Act”). Continue reading

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I don’t know about you, but the COVID-19 pandemic has warped my sense of timing. Still, it seems like a lot happened in 2022 that warrants some discussion about how employers should revise their employee handbooks for 2023.

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