Blog
NLRB Publishes Advice Memo On Social Media Rules
September 9, 2019
The National Labor Relations Board’s Office of the General Counsel has published an Advice Memo on the legality of social media rules adopted by CVS Health.
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NLRB Rules Misclassification of Independent Contractors Does Not Violate the NLRA
September 6, 2019
On August 29, 2019, the National Labor Relations Board determined that employers do not violate the National Labor Relations Act merely by misclassifying employees as independent contractors when they should have been classified as employees.
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New York State Expands Protections for Domestic Violence Victims
September 5, 2019
On August 20, 2019, New York Governor Andrew Cuomo signed legislation that will expand existing legal protections for victims of domestic violence by creating new reasonable accommodation obligations under the New York State Human Rights Law, effective November 18, 2019.
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Maryland Laws That Aren’t In the State Code?
September 4, 2019
Yesterday I learned something about the Maryland Code – that it actually doesn’t include all the laws!
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NLRB Puts New Limits on Union Organizing Activities on Private Property
August 30, 2019
In Bexar County Performing Arts Center Fdn. d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the National Labor Relations Board has limited prior decisions, which allowed the employees of a tenant to engage in union activities on the private property of their employer’s landlord.
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Key Employment Issues Across Europe and Beyond
August 28, 2019
Welcome to the CMS latest edition of On your radar - Key employment issues across Europe and beyond.
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Non-binary Employees and the EEO-1 Report
August 28, 2019
The EEOC has offered some guidance on reporting non-binary employees (those who do not identify as either male or female) on the EEO-1 Component 2 report.
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Courts Continue Obesity Conflict
August 23, 2019
Adult obesity is over 30% in 29 states, 35% in 7 states, and 25% in 48 states. Legally, recent decisions illustrate the difficulty which courts have in determining whether obesity is a disability.
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What is Discrimination Based on Sex?
August 23, 2019
Despite Title VII’s continued use of the term “sex,” courts have used that term and “gender” interchangeably in many circumstances.
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Zamboni Operator on Thin Ice
August 23, 2019
The case of Graham v. Arctic Zone Iceplex, LLC (7th Cir. July 23, 2019) addressed the issue that arises so often with employers: there is no discipline or documentation, but a “final incident” occurs that supports the need for termination.
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Court "Paroles" EEOC Criminal History Guidance
August 22, 2019
In the case of the State of Texas v. EEOC (5th Cir. August 6, 2019), the Court ruled that the EEOC overstepped its statutory boundaries by issuing its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records and Employment Decisions Under Title VII of the 1964 Civil Rights Act.
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Attempt to Protect the Employee from Racism Leads to Discrimination Claim!
August 22, 2019
In an ironic twist, a manager’s alleged attempt to protect an employee from racism resulted in a discrimination claim by that employee.
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