Category Archives: HR

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

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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

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

Supreme Court Decision on Pregnancy Discrimination Act Expands Employer Responsibilities

In March 2015, the U.S. Supreme Court overturned a lower court’s decision and re-instated a pregnancy discrimination lawsuit brought against United Parcel Service (UPS). The case concerned a UPS employee who, upon becoming pregnant, was advised by her physician to … Continue reading

Posted in Discrimination, HR, Pregnancy Discrimination Act, Privacy, Reasonable Accommodation, SCOTUS, U.S. Supreme Court | Tagged , , | 1 Comment

Colorado Supreme Court Subordinates Employee Rights to Employer Policies on Medical Marijuana

The Colorado Supreme Court ruled on June 15, 2015 that an employee of Dish Network who was terminated in 2010 for failing a company marijuana test was fired legally, despite the fact that Colorado law allows individuals to use marijuana … Continue reading

Posted in ADA, Drug-Free Workplace, HR | Tagged | Leave a comment

EEOC Priorities

I had the opportunity to attend a Fairfax Bar Association Employment Law Section lunch yesterday and listen to Peggy Mastroianni from the EEOC speak on the EEOC’s current enforcement priorities.

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EEOC and FTC Publish Joint Technical Assistance Documents Discussing the Use of Background Checks in Employment Situations

For the first time, the EEOC and the FTC have released a jointly authored technical assistance manual discussing the law surrounding background checks in employment decisions.  The agencies produced two documents, one for the employers and one for employees, providing guidance … Continue reading

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Newark Municipal Council Passes Paid Sick Leave Ordinance

The Municipal Council of Newark, New Jersey has passed a paid sick leave ordinance, which Mayor Luis Quintana (D) has promised to sign into law.  Newark will be the eighth jurisdiction in the United States to enact a paid sick … Continue reading

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New York City Passes the Pregnant Workers Fairness Act

The New York City Council unanimously approved the Pregnant Workers Fairness Act, which provides that employers cannot penalize a pregnant woman who needs a minor job modification to continue working during pregnancy or requires time off to recover from childbirth. … Continue reading

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When An Employee Is On FMLA Leave, How Much Contact Is Too Much?

The Family and Medical Leave Act prohibits employers from interfering with the exercise by employees of their FMLA rights. Such interference by an employer may give rise to its civil liability. Employers can be deemed to interfere with the FMLA … Continue reading

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Mandatory Affordable Care Act Health Insurance Notices

You do not provide health insurance to your employees so you do not have to send out a notice about Health Insurance Marketplace Coverage, right?  Wrong.  More after the break.

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NY Wage Theft Prevention Act Notices

The New York State Wage Theft Prevention Act (“WTPA”) requires that by February 1, 2013, employers provide New York employees with written notice and acknowledgment of pay rate and payday.  More details after the break.

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The Flip Side Of The EEOC’s Position On Use Of Criminal History

The pitfalls for an employer under the EEOC’s criminal background check guidelines are largely dismissed by the commission.  A recent case in Indiana, however, provides a good example of why employers rely on background checks to screen employees and the … Continue reading

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