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Employment Law

Dig into harassment case to learn what really happened

03/08/2018

There’s aren’t many ways for an employer to defend against allegations that a supervisor sexually harassed a subordinate. But a careful investigation may uncover evidence that the relationship was wholly consensual, which may help.

EEOC believes in religious accommodation

03/08/2018

Employers sometimes forget that in addition to offering reasonable accommodations for people with disabilities, they have a similar obligation to reasonably accommodate employees’ religious practices.

Easy disability accommodation? Just do it!

03/08/2018

Sometimes, it makes sense to simply agree to a disability accommodations request that sounds low-cost, easy to implement and convenient.

Beware discipline if outburst reveals disability

03/06/2018

Some disabilities cause behavioral problems at work. A corollary is that some employees may try to excuse rule-breaking as a side effect of their medical conditions. Even if you suspect that’s what is going on, proceed with extreme care.

Labor alleges H-2A visa violations

03/06/2018

The Department of Labor has filed suit against a northern Washington berry farm for violating the labor provisions of the H-2A visa program by favoring foreign workers over an eligible U.S. citizen who wanted a job.

Reagan tapped for DOL Hall of Fame

03/06/2018

The U.S. Department of Labor on March 1 named the newest honoree in its Labor Hall of Fame: former President Ronald Reagan.

Senate hearings scheduled on confirmation of NLRB nominee Ring

03/06/2018

If confirmed, John Ring—currently co-chair of the labor/management practice at the Morgan Lewis law firm—would give Republicans a 3-2 majority on the NLRB.

NLRB must backtrack on joint employment

03/01/2018

Browning-Ferris is back! The National Labor Relations Board on Feb. 26 vacated a December 2017 ruling—Hy-Brand Industrial Contractors—that overturned the controversial Browning-Ferris decision.

Another circuit rules anti-gay bias is illegal

03/01/2018

In a groundbreaking decision, the 2nd Circuit Court of Appeals has ruled that the Title VII provision that prohibits sex discrimination also makes it illegal for employers to discriminate against gay employees.

Have a good reason for acting? Stick with it!

02/27/2018

The 5th Circuit Court of Appeals has refused to overturn a $150,000 jury verdict against a real estate developer. A female sales associate had filed the complaint after her employer transferred her to a less lucrative development, resulting in a significant pay cut.