Blog

Paid Family Leave Bill Passed by Massachusetts Legislature
June 21, 2018
The Massachusetts Legislature passed a bill late on June 20th that would resolve a number of pending legislative and ballot proposals in one fell swoop.
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The EEOC Compares Harassment Prevention to Crime Prevention
June 20, 2018
I was perusing the Equal Employment Opportunity Commission’s recently released Volume 2 of its 2018 Federal Digest of Equal Employment Opportunity Law and noticed an article entitled, “Assessing Workplace Harassment Prevention Methods Through Comparisons With Similar Crime Prevention Strategies.”
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EEOC Flexes Its Muscle on Anti-Harassment Litigation
June 20, 2018
In an unusual, coordinated litigation strategy, the U.S. Equal Employment Opportunity Commission (EEOC) last week filed seven lawsuits alleging workplace harassment.
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Oregon Bureau of Labor and Industries Issues Final Administrative Rules on Predictive Scheduling
June 19, 2018
Oregon’s predictive scheduling law goes into effect on July 1, 2018. In advance of the law’s effective date, the Oregon Bureau of Labor and Industries (BOLI) has issued final administrative rules that will govern its administration of the law. 
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Nevada Supreme Court Interprets Health Benefits Under The Minimum Wage Amendment
June 18, 2018
On May 31, 2018, the Nevada Supreme Court issued an important decision interpreting health benefits under Nevada’s Minimum Wage Amendment (MWA).
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What Is the EEOC’s Position on Post-offer/Pre-employment Medical Exams?
June 14, 2018
This week, the Equal Employment Opportunity Commission trumpeted a $4.4 million settlement in a lawsuit in which the EEOC claimed that Amsted Rail had violated the Americans with Disabilities Act by disqualifying applicants based on the results of a test for carpal tunnel syndrome.
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What are your Rights When ICE Arrives at Your Workplace?
June 14, 2018
A visit from the Unites States Customs and Immigration Services (or “ICE” as it’s commonly known) is stressful for most organizations.
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Supreme Court Provides Little Guidance to Employers Traversing the Juncture of Civil Rights and Freedom of Expression
June 12, 2018
Many were anxiously awaiting the Supreme Court’s ruling in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission. Unfortunately, the case was decided on narrow grounds and there is little to take away from the Court’s ruling for employers or anyone else.
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NLRB Issues New (And More Balanced) Guidance on Handbook Rules
June 8, 2018
On June 6, 2018, the General Counsel of the National Labor Relations Board issued guidance on lawful and unlawful handbook rules under the National Labor Relations Act. This guidance follows the GC’s December 1, 2017 withdrawal of prior guidance on handbook rules that had been issued in 2015.
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Is Equal Pay becoming the new #MeToo?
June 7, 2018
In the era of the #MeToo movement, it may be easy to overlook that equal pay is also having a moment. A huge moment.
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Some Work Rules Still Don't Fly Under the NLRB's New Boeing Standard
June 7, 2018
Does your Company have a work rule that limits an employee’s ability to secure a second job?  If so, maintaining such a rule may violate the National Labor Relations Act.
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Supreme Court Rules in Favor of Baker Who Refused to Create Wedding Cake for a Same-Sex Marriage, but Does Not Open the Door for Discrimination Based on Religious Belief
June 5, 2018
The Court’s decision in the case, Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm., largely punted on the broader question of under what circumstances, if any, a business may refuse to provide services to or employ individuals based on a sincerely-held religious belief that potentially conflicts with anti-discrimination law, suggesting such questions need to be decided on a case-by-case basis.
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