By Howard Wexler, Esq. and Samuel Sverdlov, Esq.
Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated the National Labor Relations Act (“NLRA”).
In Casino Pauma, the NLRB’s General Counsel (“GC”) alleged that four of the employer’s handbook policies
Continue Reading NLRB Tells Employers to Mind their Own Business
In our final installment of the blog series that previews employment cases being heard by the Supreme Court, the Zaborowski case will allow the Court to opine on the enforceability of arbitration agreements that may have questionable (or “unconscionable”) terms. Read on for more.
Once Again SCOTUS Takes on the Enforceability of Arbitration Agreements
On October 1,
Continue Reading ELL SCOTUS Series # 5 – MHN v. Zaborowski
By Adam Smiley and Samuel Sverdlov
Veterans Day, which initially was conceived as a day to commemorate the end of World War I, has evolved into an annual celebration to honor those who have served in the U.S. Armed Forces.
On Veterans Day we self-reflect on the sacrifices of those who served our country, and express our appreciation to them.
Continue Reading Honoring Our Veterans: The Employers Guide To Military-Veteran Employees
In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was off-duty and prescribed under Colorado’s Medical Marijuana Amendment. Coats v. Dish Network, LLC, 2015 CO 44 (2015).
Brandon Coats
Continue Reading Colorado Supreme Court Upholds Firing For Medical Marijuana Use
In what is quickly becoming the newest trending topic in class action litigation, another class action has been filed alleging the disclosure of employee personally identifiable information due to a cyber attack.
This time, the employer is the federal government, and another target in the lawsuit is the third party vendor allegedly used by the federal government
Continue Reading Liability for Data Breach Involving Employee Information: Even the Federal Government and Third Party Vendors Are Not Immune
By Dawn Solowey and Ariel Cudkowicz
On June 1, 2015, in a 8-1 ruling, the U.S. Supreme Court ruled for the Equal Employment Opportunity Commission in the religious-discrimination case of EEOC v. Abercrombie & Fitch Stores, Inc. We blogged about that opinion on the day of the decision.
But many employers are wondering: now what? Read on for some practical,
Continue Reading You Can’t Stick Your Head in the Sand: Dos and Don’ts for Religious Accommodation in Hiring After EEOC v. Abercrombie
By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen
Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective on August 3, 2015.
Confined spaces can be loosely defined
Continue Reading OSHA Final Rule for Confined Spaces in the Construction Industry
By Sam Schwartz-Fenwick and Amanda Sonneborn
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the case. I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference
Continue Reading Same-Sex Marriage Bans As Sex Discrimination: The Potential Impact On Plan Sponsors And Employers
Employers are well aware that the protections provided by 42 U.S.C. § 1981 extend to both United States citizens and permanent residents, colloquially referred to as “green card holders.”
Some employers, however, may be unaware that lawfully present aliens who are not green card holders may also be protected by § 1981. In Ruben Juarez v.
Continue Reading Lawfully Present And Protected
By Johanna T. Wise and Andrew J. Masak
Every day new stories about the uses (and misuses) of drones surface in the media.
They have been used to: photograph the 2015 Winter X Games, assist in firefighting operations, monitor agricultural drought, monitor pipelines in remote areas of the world, and take pictures for realtors. One drone even famously crashed on
Continue Reading Send in the Drones: Transforming the Workplace through the Use of Drone Surveillance