In an unusual reversal, the NLRB today vacated its 2017 decision in Hy-Brand Industrial Contractors, Ltd., that set a new standard for determining joint employer liability. The Board decision arose due to an inspector general report that faulted board member William Emanuel for improperly participating in the Hy-Brand case. For a more in depth discussion
Beyond the Weinstein Effect: It’s More Than Just Training
In light of the many high-profile news stories involving sexual harassment, employers are cognizant of the need to update policies, improve investigation procedures, and conduct training. However, there is more going on than meets the eye. Several states have proposed legislation that creates a path for victims to come forward. In addition, the new federal
2018 New Year’s Resolutions for Lowering Risks of Employment Litigation
Some times, small steps can have a big impact in defending employment-related litigation. For a few tips to start the new year click here
The Weinstein Effect: Importance of Anti-Harassment and Anti-Discrimination Training
It seems as if a report of workplace sexual harassment or sexual battery is published nearly daily. While the media focuses upon notable public figures, workplace harassment can occur at any company. In many of those reports, it seems that the environment was not conducive to reporting the alleged misconduct or to obtaining an internal
Website Accessibility Lawsuits under ADA are on the Rise
In our e-commerce age, lawsuits complaining that business websites are not accessible to vision-impaired users in violation of Title III of the Americans With Disabilities are on the rise. For a complete discussion and important takeaways, click here.
Will Employers Have to Accommodate Employees Who Test Positive for Marijuana?
On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless of the employer’s drug free workplace and drug testing policies. For a complete discussion on the ruling and tips on how
When Are Law Firm Partners Not Partners?
The issue of who is a “partner” and thus not an employee continues to vex professional firms. Layers, doctors, dentists and other professionals often consider themselves non-employees, at least until they suffer an adverse workplace decision. Then, they may choose to describe their situation as employees, not non-employee owners. The distinction between employee and “partner”
Timing Is Everything: Federal Judge Permits Suit to Continue Despite Time-Barred Allegations
A federal magistrate in New York has recommended that an employment discrimination case survive a dismissal motion even though some of the claims relied on facts that occurred outside the statute of limitation. Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 16-cv-4897. In Grimes, the Plaintiff alleged claims of discrimination and retaliation
“Wage-and-Hour Audits: The Time (As Always) Is Now”
We are pleased to provide our readers with access to a recently published work by our colleague Noel Tripp on the topic of Wage and Hour audits. For a full copy of the article, click here.
Appeals Court First To Hold Sexual Orientation Discrimination Covered By Title VII
The Seventh Circuit Court of Appeals held this week that sexual orientation discrimination is covered under Title VII of the Civil Rights Act. The federal appellate court is the first to do so. Just last week, we reported that the Eleventh Circuit held to the contrary. For a complete analysis of the Seventh Circuit’s