Blog

EEOC Says Employees in Opioid Treatment Are Protected by the ADA
August 11, 2020
On August 5, 2020, the EEOC released technical assistance documents for employees and health care providers on opioid addiction and employment.
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NLRB Proposes Rollback of Requirement to Provide Unions with Personal E-mail Addresses, Phone Numbers
July 29, 2020
On July 29, the National Labor Relations Board issued a proposed rule that would repeal the Obama-era mandate that employers provide unions and other parties with employees’ personal e-mail addresses and phone numbers, if available, prior to union elections.
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EEOC Looking to Increase Voluntary Resolutions
July 29, 2020
The Equal Employment Opportunity Commission (EEOC) announced earlier this month that it had implemented two six-month pilot programs expanding opportunities for parties to resolve charges through mediation and increasing the effectiveness of its conciliation process.
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Hey CEOs – Be Careful About Diversity Hiring Quotas!
July 28, 2020
I’ve been following the public updates of major corporations on their diversity and inclusion activities.
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Forward Progress
July 27, 2020
Last week, the National Labor Relations Board changed its standard for determining whether employees who make abusive or offensive statements while engaging in activity otherwise protected under the National Labor Relations Act may be lawfully disciplined or discharged by their employer.
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NLRB Gives Employers Greater Leeway to Discipline Employees for Offensive Speech
July 21, 2020
On July 21, the National Labor Relations Board (NLRB) issued its decision in General Motors, giving employers more latitude to issue discipline for employees’ racist, sexist, threatening, or other offensive speech in the context of strikes and union organizing.
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Once a Construction Employee, Not Always a Construction Employee? Ontario Court Finds Yet Another Way to Invalidate a Termination Clause
July 19, 2020
A recent and troubling decision from the Ontario Superior Court of Justice illustrates that the courts are applying increasing scrutiny to employment contracts which purport to limit employee entitlement upon termination.
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No, Your CEO Did Not Really File For Unemployment Benefits
July 8, 2020
According to the U.S. Federal Trade Commission, scammers are filing claims for benefits using the names and personal information of people who are not, in fact, unemployed.
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SCOTUS Gives Religious Exemptions Wide Berth in Two Key Employment Rulings
July 8, 2020
On June 8th, the U.S. Supreme Court issued two 7-2 decisions involving religious exemptions to federal employment and benefits laws.
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Washington Changes To Overtime Exemptions Go Into Effect July 1, 2020
June 30, 2020
Changes to Washington State Department of Labor and Industry rules relating to overtime exemptions took effect on July 1, 2020.
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“Transfer” Following Job Elimination Triggered Non-Compete Countdown
June 29, 2020
A recent case warns employers that there may be non-compete implications when employees are transferred to a new job after a position elimination – an issue of particular relevance in the current economic climate.
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NLRB Permits Employers to Search Company Devices and Employee Property, Including Cars
June 29, 2020
In Verizon Wireless, the National Labor Relations Board held that employer rules authorizing the monitoring of company electronic devices and searches of employee property, including cars, were lawful.
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