Employee Handbooks: Some Welcome Guidance from the NLRB On What Your Handbook Should (and Should Not!) Say

On June 6, 2018, the General Counsel’s Office of the National Labor Relations Board (“NLRB”) issued its “Guidance on Handbook Rules Post-Boeing” (“Guidance”).  The Guidance follows up and clarifies the recent Board decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017) and may be accessed here. Refresher on the Boeing decision: The …read more »

“But We Can’t Do That” — Documenting Undue Hardship Can Help Protect Employers Against ADA Claims

When a disabled employee requests an ADA accommodation, employers should have an interactive discussion to determine what accommodations might work. And a big part of that discussion is asking the employee to suggest possible accommodations. But if an employee suggests an accommodation that would cause the employer an “undue hardship,” the employer can reject that …read more »

An EPIC Day for Employers Utilizing Arbitration Agreements

The United States Supreme Court recently issued a decision in Epic Systems Corporation v. Lewis, – S. Ct. –, 2018 WL 2292444 (2018) resolving a circuit split in favor of upholding employers’ ability to enforce arbitration agreements with employees requiring individualized proceedings. In each of the underlying consolidated cases below, employees sought to litigate Fair …read more »

A Non-Compete Lawyer’s Case for Conducting Exit Interviews (and Five Must-Ask Questions)

Over the past several months, I conducted an informal, and utterly unscientific, poll about exit interviews. Questionable survey methodology aside, my conversations on this topic confirmed my suspicion: Exit interviews have few fans. There are many reasons for this, but chief among them seems to be doubt on the part of both employers and departing …read more »

Is It Time to Review the Nondisclosure and Confidentiality Provisions in Your Agreements?

Employers typically resolve employment disputes with a release of all claims and a confidentiality clause that obligates the employee to keep the terms of the agreement – and sometimes the underlying allegations – confidential.  Standard severance agreements also routinely contain confidentiality clauses. Until recently, the primary risk associated with such provisions has been the possibility …read more »

Emotional Support Animals In The Workplace: Do Employers Really Have To Accommodate?

We’ve all read the recent news headlines about the emotional support peacock that was not allowed to board a United Airlines flight and the 300-pound emotional support pig that was rejected by US Airways.  These stories are becoming more and more common and have led a number of employers to ask what their responsibilities are …read more »

What’s Expected of You When Your Employee is Expecting

The EEOC has ramped up enforcement against pregnancy discrimination, filing four lawsuits in March 2018 alone. These types of lawsuits can result in expensive consent decrees that also obligate the employer to policy changes and EEOC monitoring. Making sure that policies and practices mirror what the EEOC and courts expect of employers when it comes …read more »

Poorly Drafted or Outdated Job Descriptions May Make ADA Claims More Difficult to Defend

An effective written job description clearly, accurately, and completely identifies and describes an employee’s duties, functions, and responsibilities. When employers create job descriptions that are inaccurate or when they allow descriptions that were accurate at the time of drafting to become outdated, they create legal risk. This is because an employer’s obligation to provide reasonable …read more »

EEOC Releases Strategic Plan for Fiscal Years 2018-2022

On February 12, 2018, the Equal Employment Opportunity Commission (“EEOC”) unanimously approved its Strategic Plan for fiscal years 2018 through 2022.  Congress requires federal government agencies like the EEOC to formulate strategic plans every four years and publish their plans on their website.  According to the EEOC, the Strategic Plan serves as the framework for …read more »