Employer Law Report

Tag Archives: employee

‘Tis the Season for Holiday Workplace Issues. Day 3 – “Holiday Attire” Does Not Include “Beer Goggles”

Often the question on everyone’s mind when it comes to holiday parties is “Will alcohol be served?” For employers this is a big decision and, depending on where the holiday party is held and how it is contained, one that may expose an employer to liability. For the most part, whether an employer can be held responsible for alcohol-related incidents at or after company-sponsored events depends on the state in which the party is held and the circumstances surrounding the party.

First things first: If the event involves a business purpose that can be considered to have a direct effect …

There’s No “I” In At-Will Disclaimers: NLRB Acting General Counsel Advises on Two At-Will Disclaimers and Gives Employers a Halloween Treat

Just when employers were thinking they might have to throw out their at-will disclaimers, the National Labor Relations Board Acting General Counsel released an analysis of two at-will employment clauses (Mimi’s Café, Case Number 28-CA-0844365 and Rocha Transportation, Case No. 32-CA-086799), and in finding both lawful under the National Labor Relations Act ("NLRA"), gave employers a Halloween treat!

The first at-will disclaimer analyzed was contained in Mimi’s Café’s handbook (a company acquired by Bob Evans Farms, Inc. in 2004), that provided:

The relationship between you and Mimi’s Café is referred to as "employment at will." This means that …

Consequences for violations of ACA breastfeeding law becoming gradually clearer

Employers still wondering about the effects of providing a private area for nursing mothers to express breast milk are getting a little more clarity on the enforcement scheme of that law under a recent decision from a federal court in Iowa.

We kept you updated on the new requirements under the Affordable Care Act (ACA) for employers with nursing mothers and provided more detail earlier this year when the federal Department of Labor started enforcing it. However, there are still many unanswered questions about this law—the DOL has not yet issued any regulations, and it’s still not quite clear …

Election Results – Immediate Workplace Issues

Of course, no one can be certain of the exact workplace effects of Tuesday’s Presidential election results. But, at least one major change in employment law is pretty certain – and it is a change that all employers, large and small, in all industries, should be planning for now.

President-Elect Obama has stated clearly his support for the proposed Employee Free Choice Act (EFCA). His election, together with additional Democratic seats picked up in the Senate and Congress, make the passage of EFCA in 2009 a very strong likelihood. That will mean the most dramatic change in labor law in this country in …

Recent Case Could Make Ohio Employers More Vulnerable To Defamation Claims

Employers certainly have the right to comment about alleged employee misconduct in a grievance proceeding, right? Not so fast. A recent Ohio court of appeals decision suggests that Ohio employers may want to be even more careful regarding what they say about alleged employee misconduct. In Gintert v. WCI Steel, Inc., 2007-Ohio-6737 (11th Dist. Trumbull County 2007), a union employee was fired, in part because three fellow employees said they heard him use a racial slur toward another employee. Denying that he used the slur, the terminated employee sued the company, his supervisors, and two employees for defamation.…