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Category Archives: Handbook Policies
The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities
In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer. According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading
Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave
Tagged ADA, Attendance, EEOC, FMLA, Handbook policies, Leave Policies
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COURTS ORDER REINSTATEMENT FOR EMPLOYEES WHO ENGAGED IN OFFENSIVE AND PROFANE SOCIAL MEDIA CONDUCT TOWARDS THEIR EMPLOYER
Over the last several years, the National Labor Relations Board (“NLRB”) has issued several decisions overturning employer discipline for employee conduct on social media. In a recent decision by the Second Circuit Court of Appeals, the federal court upheld the NLRB’s decision and ordered reinstatement for employees who posted a profane comment and approved an offensive post about their employer. This appeals court decision contains some important warnings for employers who are considering discipline for employees’ negative social media conduct. … Continue reading
Posted in Handbook Policies, Labor, Legal Updates, NLRB, Social Media
Tagged Handbook policies, NLRA, NLRB, Second Circuit, Social Media
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Employers Should be Prepared for Union Organizing Under New “Quickie” Election Rules
The National Labor Relations Board (NLRB) has recently issued its final rules regarding union representation case procedures. These rules are commonly referred to as quickie election rules. These quickie election rules seek to expedite the election process. They limit an employer’s ability to respond to union campaigns, effectively ambushing an unprepared Employer. BACKGROUND The NLRB is the federal agency responsible for governing private sector employer-union relations. Part of its charge includes conducting elections for labor union representatives. Representation elections may … Continue reading
Posted in Elections, Handbook Policies, Labor, Legal Updates, NLRB
Tagged Ambush Elections, NLRB, Quickie Elections
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NLRB STRIKES DOWN EMPLOYER CONFIDENTIALITY AGREEMENT
Recently, in Battle’s Transportation, Inc. and Jerome Kearney, the National Labor Relations Board (“NLRB”) ruled that an employer’s confidentiality agreement was an unlawful restriction on employee rights. The confidentiality agreement barred employees from discussing “human resources related information” and “investigations by outside agencies.” The NLRB held the agreement was overboard because employees could reasonably construe those phrases to restrict employees from discussing their terms and conditions of employment or from discussing protected activity such as NLRB complaints or investigations. Employers should … Continue reading