Management’s Workplace Blog – Information and Insights for Employers
The NLRB General Counsel’s office has released its third report on recent social media cases. The GC reviewed social media and confidentiality policies from several companies and found most policies unlawful. In particular, the GC found the following portions of various social media and confidentiality policies unlawful:
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Last week, the EEOC issued an “updated” Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII . The guidance takes the place of the Commission’s 1987 and 1990 policy statements, and was precipitated by a 2007 federal court decision that criticized the EEOC’s past guidance.
While the Commission…
Today marks a new day for the National Labor Relations Board, as significant changes to its election procedures officially take effect. All NLRB election petitions filed starting today will be subject to these new rules.
The most significant changes concern the role of a pre-election hearing. Up until now, a pre-election hearing was an opportunity…
While most employers are familiar with Title I of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in employment against those with disabilities, many are less familiar with Title II of the ADA which requires that places of public accommodation and commercial facilities be designed, constructed or altered so that they are accessible to…
BREAKING NEWS!
In a follow-up to our blog posting from this morning, the United States Court of Appeals for the District of Columbia just issued an injunction preventing the NLRB from enforcing its poster rule while the Court considers an appeal of the prior D.C. District Court case which upheld a portion of the rule. …
As we blogged over the weekend, a federal District Court in South Carolina on Friday struck down the NLRB poster rule, on the grounds that the NLRB exceeded its authority in promulgating the rule. This ruling directly conflicts with an earlier decision from a federal District Court in Washington, DC which upheld the NLRB’s authority…
Last week I wrote about the EEOC’s new Final Rule on the Reasonable Factors other than Age (RFOA) defense in disparate impact claims brought under the Age Discrimination in Employment Act (ADEA). The EEOC has just published a Q&A explaining the new Rule.
In explaining the purpose of the Final Rule, the Q&A provides:
“The…
MYOB about my Facebook Page!! That is what the Maryland General Assembly said when it recently passed legislation barring employers from requiring employees or applicants to turn over passwords needed to access social media and other private websites. Governor Martin O’Malley is expected to sign the bill, which will take effect on October 1, 2012. …
Last Friday, the EEOC published its Final Regulations on Disparate Impact and Reasonable Factors other than Age under the ADEA. The Final Regulation clarifies that an employment practice that has an adverse impact on individuals 40 and older is discriminatory unless the practice is justified by a “reasonable factor other than age” and that the…
Many employers prefer to arbitrate employment disputes rather than have these disputes end up in the traditional courtroom with a jury. As a result, a fair number of employers require their employees sign arbitration agreements for employment litigation, including class action claims.
The validity of these class action waivers was called into question by the…
