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Employers have frequently questioned the adequacy of the EEOC's pre-suit investigations. To their consternation, in September 2015, the Second Circuit held that courts do not have authority to review the extent or sufficiency of the EEOC's investigation of charges.
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On Sept. 7, 2015, President Barack Obama signed Executive Order No. 13706, which requires federal contractors to offer their employees working on federal contracts up to seven days of paid sick leave per year. The Executive Order will impact contracts entered into on or after Jan. 1, 2017.
California is cracking down on companies that skirt labor and tax laws by misclassifying workers as independent contractors, and the state has instituted a major change by providing mandatory paid sick leave to nearly all employees in the state. Businesses must be aware of these changes and review their policies and contractual relationships to ensure compliance.
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The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years. As this author has pointed out, there is at least one prominent federal judge who thinks the use of summary judgment, as a practice, should be eliminated in these types of cases.
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The 2014-15 New Jersey Supreme Court term brought major decisions on diverse employment law issues 'employer liability for sexual harassment, how to determine whether a worker is an "employee" for purposes of wage and hour laws, the extent of protection afforded watchdog employees under the 'Conscientious Employee Protection Act (CEPA), and the negotiability of furlough decisions by municipal employers.
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On Aug. 27, the NLRB issued a sweeping decision that expands the definition of "joint employer" for purposes of the National Labor Relations Act (NLRA). Here's what you need to know.
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
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The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
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Many employers seem almost paralyzed by the fear over whether and how to raise the issue of mental illness with an employee. If the mental illness is having adverse impacts in the workplace, however, not addressing the issue can compound the problem or, in rare circumstances, lead to tragic consequences.
Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.