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EEOC Changes Policy on Mandatory Arbitration

This past week, the EEOC withdrew its 1997 policy statement regarding mandatory binding arbitration agreements. In that policy statement, the EEOC took the position that the use of mandatory binding arbitration agreements as a condition of employment were contrary to the fundamental principles of the federal anti-discrimination statutes, including the right to pursue discrimination claims […]

BH
Of Counsel

Looking to 2020: Marijuana and More Changes at the State and Local Level

Over the last decade, the proliferation of state and local laws regulating employers has exploded. Whether it is minimum wage increases or salary history bans, the number of issues being addressed on a state and local level is unprecedented. But the evolving state laws on marijuana has and will continue to generate challenges for employers. […]

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JL
Partner

“Times They Are [Still] a-Changin'”: The Developing Landscape of Marijuana Legalization in Nevada and What This Means for Nevada Employers

As we reported last year, “Times They Are a-Changin’” [see article here]. However, given the monumental shift in public perceptions of cannabis, the Nevada legislature has followed suit and has now taken a giant step further into the marijuana morass. As a result, employers are now prevented from rejecting job seekers because they failed a test […]

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SP
Partner

Paid Parental Leave for Employees? Make Sure This Benefit is Truly Gender Neutral

A recent settlement between the American Civil Liberties Union (“ACLU”) and a national employer highlights the importance of ensuring that paid parental leave benefits provided by employers are not just written in a gender neutral policy, but also administered on gender neutral terms. The employer will pay $5 million to fathers who claim they were […]

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Employment Handbooks and Confidentiality

Employers frequently ask if they can maintain rules  requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National Labor Relations Board (NLRB) concludes that such rules  are unlawful, as they interfere with the employees’ rights to discuss handbook policies regarding terms […]

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JM
Of Counsel

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100 percent healed” policies require an employee returning from medical leave to be fully recovered and to work without any restrictions. According to the EEOC’s […]

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NLRB’s Email Rule May Be Coming to an End

In its 2014 decision Purple Communications Inc. and Communication Workers of America, the NLRB ruled that employees could generally use employers’ email systems to organize or engage in other concerted activities protected by Section 7 of the National Labor Relations Act, overturning board precedent and causing employers everywhere to scramble to update employee handbooks and […]

What Your Company Can Learn From the Bryan Colangelo Twitter Debacle

Last week, a bizarre story broke regarding Bryan Colangelo, the general manager of the Phildelphia 76ers (a professional basketball team in the National Basketball Association, for all of you non-sports types). According to published reports, Colangelo allegedly created and operated five anonymous Twitter accounts, and used them to criticize his own team’s players and coaches, […]

New Jersey Joins The Paid Sick Time Movement

On May 2, 2018, Governor Phil Murphy signed bill making New Jersey the 10th state to require employers to provide paid sick leave for employees. The law, which takes effect on October 29, 2018, requires employers to give workers one hour of paid sick leave for every 30 hours worked, with an annual cap of 40 […]