With increasing frequency, employers are raising the question about what can (or can’t) be done with employees who speak about polarizing issues, whether at work or in a way that affects the work environment. This question is arising often because of our current social and political climate. The legal and practical implications are complex. Continue Reading Employees and free speech
Third Circuit decides employer’s tweet was comedic, not coercive
The United States Court of Appeals for the Third Circuit recently issued an opinion that reversed a decision by the National Labor Relations Board about whether a comment by a management representative was a threat to workers or a mere joke. The NLRB decision sheds interesting light on how remarks, such as this specific employer’s tweet, meant in jest can backfire. Fortunately for this employer, on appeal the Third Circuit “got the joke.”
Continue Reading Third Circuit decides employer’s tweet was comedic, not coercive
Mental health claims on the rise: New normal for disability-related charges?
The COVID-19 pandemic took its toll on the mental health of employees. Employees struggled to adjust to the multiple burdens of working from home, caring for family members and achieving work-life balance. Continue Reading Mental health claims on the rise: New normal for disability-related charges?
Executive actions to increase pay equity announced in conjunction with Equal Pay Day
What is Equal Pay Day?
Equal Pay Day is designated each year by the National Committee on Pay Equity to mark how far women in the United States must work into the year to be paid the same as men in the year prior. This year, Equal Pay Day was determined to be March 15, 2022. Continue Reading Executive actions to increase pay equity announced in conjunction with Equal Pay Day
Caring for caregivers: Understanding caregiver discrimination under federal laws
As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers — whether they are caring for children, a spouse, an individual with a disability or older relatives. Continue Reading Caring for caregivers: Understanding caregiver discrimination under federal laws
House passes bill banning mandatory arbitration agreements
We recently reported that the Senate passed a #MeToo bill that banned the use of mandatory arbitration agreements for sexual harassment and sexual assault claims. This bill was signed into law by President Biden on March 3, 2022. On March 17, 2022, the House took it a step further and voted 222-209 to pass the Forced Arbitration Injustice Repeal Act (H.R. 963). Continue Reading House passes bill banning mandatory arbitration agreements
Supreme Court considering granting certiorari in workers’ compensation medical marijuana cases
Medical marijuana is being legalized in an increasing number of states, which will have an impact on a variety of employment issues, including workers’ compensation. The Supreme Court appears to be considering providing clarity to employers and employees alike regarding payment for medical marijuana in workers’ compensation claims. Continue Reading Supreme Court considering granting certiorari in workers’ compensation medical marijuana cases
EEOC receiving influx of COVID-19 related claims
The U.S. Equal Employment Opportunity Commission (EEOC) has received thousands of claims related to the COVID-19 pandemic. The majority of these claims are related to disability discrimination and accommodations. Continue Reading EEOC receiving influx of COVID-19 related claims
EEOC issues guidance on COVID-19 vaccine religious accommodation requirements
As the rate of COVID-19 cases continues to trend downward in most parts of the country, and employers begin to relax mask policies and encourage employees’ return to the office, COVID-19-related issues remain at the forefront — including employee vaccination status. On March 1, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance regarding religious objections to employer vaccine requirements. Continue Reading EEOC issues guidance on COVID-19 vaccine religious accommodation requirements
Senate passes #MeToo bill, bringing changes for employment contracts
Some employers attempt, through employment contracts, to require that employee legal challenges be pursued under private arbitration procedures, rather than through lawsuits or discrimination charges. Continue Reading Senate passes #MeToo bill, bringing changes for employment contracts