Policies

Your Neutral Uniform Policy May Violate the NLRA
September 6, 2022
This case arose in the backdrop of a union organizing campaign, when Tesla employees first wore black cotton shirts at work, with the union’s campaign slogan, “Driving a Fair Future at Tesla” on the front and a larger logo with the slogan and “UAW” on the back.
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Massachusetts: Firing an Employee for Filing a Rebuttal in Their Personnel File Violates Public Policy
December 22, 2021
In Massachusetts, employees have a statutory right to respond in writing to anything negative their employer puts in their personnel file unless the employer agrees to make changes that are satisfactory to the employee.  But is that right limited in any way?
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The EEOC’s Very Broad Approach to National Origin Discrimination and English-Only Policies
March 3, 2021
In my next installment of what has turned out to be a series on the articles written by EEOC staff members for its quarterly Digest of Equal Employment Opportunity Law, I offer you some interesting tidbits from its most recent publication, addressing national origin discrimination under Title VII – a protected characteristic that is surprisingly wide in scope and, as the EEOC notes, often overlaps with race, color, or religious discrimination.
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Can Employers Terminate for Off-Duty Conduct (Say, Like Storming the Capitol)?
January 14, 2021
What exactly are the parameters of when an employer can take action against an employee for engaging in off-duty activities that an employer may find repugnant? 
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Politcal/Social Expression and Upheaval
January 10, 2021
The events leading up to and occurring on January 6th in our nation’s capitol and at several state capitols raise questions about an employer’s rights to hold employees accountable for their political expression and behavior away from work.
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Oregon Workplace Fairness Act Provisions Effective October 1, 2020
September 27, 2020
The Oregon Legislature’s response to the #MeToo Movement came in the form of sweeping legislation.
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Flu Vaccine Considerations
August 26, 2020
As August comes to a close, many employers are anxious that with Fall will come flu season, placing employers in the position of battling staffing challenges and employee health issues from two dueling infections.
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Wait! What Does the NLRB Think About Social Media Policies?!
September 24, 2019
As those of you who pay attention to the National Labor Relations Board know, the issue of social media policies is an area particularly fraught with confusion.
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Uniforms Under the Fair Labor Standards Act
January 27, 2019
Many employers are not aware of potential liabilities that are involved when employees are required to wear uniforms at work. With respect to uniforms there are two specific issues that employers must consider.
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Holiday and New Year Reminders for Employers
December 5, 2018
It is the time of year for holiday parties. While a good time can be had by all, employers need to be sure to set expectations beforehand.
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Boards of Directors in the Bullseye: #MeToo and the Fiduciary Duty
November 28, 2018
Allegations of sexual harassment perpetrated by top officials are not new, nor are lawsuits or threats of lawsuits based on those allegations.
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New York City to Require Lactation Rooms and Policies
November 25, 2018
On November 17, 2018, The New York City Human Rights Law was amended to require most New York City employers to develop written “lactation room accommodation” policies and to accommodate employees who need to express breast milk by providing lactation rooms and refrigerators for breast milk storage, absent an undue hardship.
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