An appeals court in California recently held an employer liable for employees’ off-duty harassment of a disabled co-worker on a blog. Unfortunately, the facts are not unique and could be happening right now in your workplace. In Espinoza v. County of Orange, the court held that the employer’s knowledge that the harassing blog existed and [...]
Breastfeeding is widely regarded as ideal for healthy development of infants. Due to workplace barriers, many mothers who breastfeed their infants abandon breastfeeding when they return to work. A growing movement supports workplace policies to facilitate breastfeeding and while employer obligations already exist, they exist without much fanfare. That is likely to change; are you [...]
Employers may soon be required to display an oversized poster informing employees of their right to unionize. The National Labor Relations Board (“NLRB”), the agency responsible for the poster mandate, twice delayed the posting deadline due to legal challenges. Two of those challenges – one by the National Association of Manufacturers and another by the [...]
Keeping up-to-date record retention policies is a must for any employer. The Equal Employment Opportunity Commission (EEOC) recently passed a final rule mandating that all employers subject to its recordkeeping requirements under Title VII and the Americans with Disabilities Act (ADA) keep the same recordkeeping requirements with respect to the Genetic Information Nondiscrimination Act (GINA). [...]
Swiss pharmaceutical manufacturer Novartis thought it was playing by the rules when it treated its sales representatives as exempt from overtime under the Fair Labor Standards Act (the “FLSA”). Now it is paying $99 million to settle a class action lawsuit by its sales representatives, not to mention six years’ worth of attorneys’ fees. The [...]