Tag 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

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Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave | Tagged , , , , , | Leave a comment

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

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Posted in Handbook Policies, Labor, Legal Updates, NLRB, Social Media | Tagged , , , , | Leave a comment

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

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Posted in Confidentiality Agreement, Handbook Policies, Legal Updates, NLRB | Tagged , , | Leave a comment