Category Archives: Employee Policies & Procedures

Unlimited Time or Unlimited Trouble? San Francisco Startup Offers Ex-Employees Cash to Avoid Suits Over PTO Policy Problems

A high-profile California technology startup that provides online access to insurance and human resource management solutions for small businesses, has found itself in the ironic position of offering to pay cash to former employees to avoid legal liabilities associated with … Continue reading

Posted in Accrued Time, California, Compensation, Employee Policies & Procedures, Medical Leave, Vacation Policies | Leave a comment

California Employers Must Bear the Cost of Employee Training When the Training is Solely Required by the Employer

California employers are required to pay for all necessary expenses that an employee incurs as a direct result of his or her employment, and an employee cannot waive this right by any agreement or contract. (Labor Code sections 2802 and … Continue reading

Posted in California, California Court of Appeal, Compensable Time, Employee Policies & Procedures, Employment Contracts, Wage and Hour | Leave a comment

Don’t Shoot the Messenger: Board Members May Be Held Individually Liable for Silencing In-House Counsel’s Complaints of Corruption

The U.S. District Court for the Northern District of California recently determined, in a matter of first impression, that members of a company’s board of directors may be held individually liable under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) and … Continue reading

Posted in California, Employee Policies & Procedures, Foreign Corrupt Practices Act, Litigation, Retaliation, Whistleblower, Wrongful Termination | Leave a comment

Colorado Joins the [Vacation] Club: No Use-It-Or-Lose-It Vacation Policies Permitted

The Colorado Department of Labor and Employment’s Division of Labor has issued new guidance that prohibits employers from maintaining “use-it-or-lose-it” vacation policies for Colorado employees. “Use-it-or-lose-it” vacation policies include those that require employees to use accrued vacation time prior to a … Continue reading

Posted in Colorado, Employee Policies & Procedures, HR, Vacation Policies, Wage and Hour | Leave a comment

California Court of Appeal Instructs Trial Court to Reconsider Its Denial of Class Certification of Wage and Hour Claims Brought by Nursing Staff Employees Against Hospital

Class actions against health care employers continue to be a growing trend in California and a recent decision by the California Court of Appeal highlights why health care employers must carefully draft and implement policies that are in compliance with … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Class Actions, Employee Policies & Procedures, Healthcare, Meal and Rest Breaks, Overtime, Wage and Hour | Leave a comment

Navigating the Holiday Season Minefield with Your Workforce: 6 Essential Tips for Employers

As your company enters the holiday season, it’s important for human resource team members, general counsel and the corporate management to be aware of essential issues that should be addressed proactively to ensure a positive holiday period. The last thing … Continue reading

Posted in Defamation, Discrimination, Employee Policies & Procedures, Gender Discrimination, Holiday Season, HR, Religious Discrimination, Religious Observances, Risk Management, Wage and Hour | Leave a comment

Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading

Posted in Compensation, Employee Policies & Procedures, Employment Contracts, FLSA/Overtime, Hiring, HR, Interstate Operations, Joint-Employer, Labor Relations, New York, NLRB, Unions, Wage and Hour | Leave a comment

Federal Jury Award Highlights Importance of Training on Religious Accommodation

On October 22, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) announced that a federal jury in Peoria, Illinois has awarded $240,000 to two Somalian‑American Muslims who were fired from their jobs as truck drivers when they refused to transport … Continue reading

Posted in EEOC, Employee Policies & Procedures, Illinois, Reasonable Accommodation, Religious Discrimination | Leave a comment

Employers Beware: The Hidden Dangers of Utah’s Public Policy on Self-Defense

On September 17, 2015, the Utah Supreme Court held that an employee who is terminated for violating their employer’s “no-confrontation” policy can maintain a claim of wrongful discharge so long as that employee (1) reasonably believed that force was necessary … Continue reading

Posted in Employee Policies & Procedures, Self-Defense, Utah, Weapons in the Workplace, Workplace Crime, Workplace Safety, Workplace Violence | Leave a comment

When Providing 12 Weeks of Leave Is Not Enough: Trucking Company Pays $300,000 To Settle EEOC Suit

According to a September 2015 press release issued by the U.S. Equal Employment Opportunity Commission (EEOC), CTI, Inc., a regional trucking company based in Tucson, Arizona, will pay $300,000 and furnish other relief to settle a disability discrimination lawsuit filed … Continue reading

Posted in ADA, Arizona, Discrimination, EEOC, Employee Policies & Procedures, Family Leave, FMLA, Reasonable Accommodation | Leave a comment

White House Uses Executive Order to Ban the Box for Federal Employment; Opens the Door to Wide-Ranging Impact on Employers

Continuing its longstanding strategy of using Executive Orders to implement new policies and pave the way for future legislation, the Obama administration announced in early November that the federal government would be required to follow a ‘Ban the Box’ protocol … Continue reading

Posted in Background Check, Ban the Box, Civil Rights Act, Criminal History, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Federal Government, Government Contractors, OFCCP, Pre-Employment, Title VII | Leave a comment

Overlapping Regulations Compel Extreme Caution by California Employers Before Conducting Employee Background Checks

California has two laws that regulate consumer information that can be collected and provided to employers for use during the process of making employment decisions. Unfortunately, each of the laws have differing disclosure and authorization requirements with which California employers … Continue reading

Posted in Background Check, California, California Civil Code, California Labor Code, CCRAA, Confidentiality, Consumer Credit Reports, Employee Policies & Procedures, Fair Credit Reporting Act, ICRAA | Leave a comment

Four Legal and Managerial Priorities When Implementing a Remote Workforce Strategy

As more Americans have embraced a “mobile” technology culture, many employers have embraced the cultural shift and begun utilizing a remote workforce. Opinions regarding the benefits and drawbacks of the virtual office and remote workplace abound among workers and businesses … Continue reading

Posted in ADA, BYOD, Data Security, Employee Policies & Procedures, Fair Labor Standards Act, FLSA/Overtime, FMLA, Interstate Operations, Medical Leave, Privacy, Wage and Hour | Leave a comment

Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers

The Fifth Circuit recently issued a decision that impacts joint employer liability, perceived disability under ADAAA and the dangers of revisiting employee performance reviews. Michael Maslanka, a regular contributor to Texas Lawyer, wrote an article last month called, “L&E Plaintiff … Continue reading

Posted in ADA, ADAAA, Disabilities, Employee Policies & Procedures, Employment Contracts, HR, Joint-Employer, Performance Reviews, Texas | Leave a comment

Government Contractors Face a Continuing Wave of Executive Orders on Labor & Employment

Recognizing the impact of the federal government’s contractor workforce as a standard-bearer for labor practices, the Obama administration has continued to issue executive orders that seek to strengthen the protections afforded to personnel within the federal contracting environment.

Posted in Compensation, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Family Leave, FMLA, Government Contractors, Hiring, HR, Medical Leave, Minimum Wage, Overtime | Leave a comment