Display of BLM Insignia = Protected Concerted Activity
This is true in the context of existing race discrimination concerns and complaints in this particular (non-union) workplace, according to the National Labor Relations Board in a case involving Home...
View ArticleCould Headphones Have Averted a Work-From-Home Tragedy?
Recently I was updating an employee handbook and beefed up the work from home policy. I made sure the policy specified that the employee must have a dedicated work location, free from distraction, and...
View ArticleWiping the (Diverse Candidate) Slate Clean?
In the aftermath of the Supreme Court’s decision rejecting affirmative action in college admissions, there have been well-publicized attacks on corporate diversity initiatives. And now the conservative...
View ArticleFederal Court Tosses NLRB’s Expanded Joint Employer Rule
In a victory for employers, a federal district court judge in Texas vacated (or blocked) the National Labor Relations Board’s 2023 Final Rule that sought to rescind and replace the Trump...
View ArticleSo, Dartmouth Won’t Play Ball with the Union…
As our associate Evan Conder reported in a blog post last month, a Regional Director for the National Labor Relations Board issued a game-changing decision that players on Dartmouth’s men’s basketball...
View ArticleYou Know That Destroying Evidence Can Get You in Trouble, Right?
Last year, in our October 2023 E-Update, we wrote about an employer who destroyed evidence that could have proved his new employee stole source code from his former employer that was used to create a...
View ArticleAre Reasonable Accommodations Required for an Employee’s Commute?
According to some courts, no. According to the Equal Employment Opportunity Commission and other courts, yes. And the EEOC is being the squeaky wheel regarding its position, as evidenced by a recent...
View ArticleNew Employment Laws in Maryland – Changes to Paid Family and Medical Leave...
The Maryland General Assembly’s 2024 session ended at midnight on Monday, April 8. A number of employment bills that were passed will have a significant impact on employers, including another delay to...
View ArticleThe EEOC Releases Onerous Final Rule Implementing the Pregnant Workers...
On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a Final Rule and Interpretive Guidance to implement the relatively new Pregnant Workers Fairness Act (PWFA), which was...
View ArticleSupreme Court Lowers the Bar for Title VII Discrimination Claims
The U.S. Supreme Court, in a unanimous decision, has ruled that adverse employment actions need not be “significant” in order to constitute a violation of Title VII’s prohibition against...
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