The Employer Handbook Blog
The NLRB’s blueprint for “quickie” union elections
“Blueprint”? Word. But, do you know how tough it is to find a blog-appropriate Jay-Z hit? Hmmm…let’s try this one. On Tuesday, the National Labor Relations Board’s “quickie” election rules survived a Senate challenge. Next week, April 30 to be exact, they go into effect. Hey! Isn’t that when the…
5 takeaways from the EEOC’s new guidance on use of criminal records
Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion,…
NLRB “quickie” election rule survives a Senate challenge
Last week was not so good for the National Labor Relations Board. The DC Circuit iced a Board rule that would have required most private-sector employers to post a notice in the workplace informing employees of their right to form a union. Yesterday, however, the pendulum swung the other way…
Failure to provide timely COBRA notice, retaliation? No, Sensei!!!
Workplace retaliation was the last thing on the mind of Cobra Kai Sensei John Kreese when he told Johnny to sweep the leg. Similarly, workplace retaliation was likely the last thing on the mind of the defendant-employer, in Thompson v. Morris Heights Health Center, when it sent out a late…
An HR primer on handling religious-accommodation requests
Do you know what to do if an employee comes into your office asking for a shift change or some other workplace accommodation because of a sincerely-held religious belief? A short lesson from a recent federal-court decision and a few tips after the jump… * * * In Jackson v.…
Court holds mistaken discrimination is unmistakably illegal
The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are…
Even a voluntary demotion can lead to a retaliation claim
A maintenance mechanic in Illinois received 28 disciplinary-action forms from his supervisor. Ultimately, he was offered two choices: (1) accept a demotion to a non-mechanic position and take a significant pay cut; or (2) keep the position, fight the discipline, but face potential termination. On the advice of his union…
The NLRB officially delays the mandatory union-poster rule
Remember my post from Monday? The one where I told you that two federal courts were at loggerheads over whether the NLRB could force private employers to post this notice in the workplace. Well, about that. Eyes on me. Two other men in black (and one woman in…
ADA potpourri, anyone?
Smells like patchouli. Or is that teen spirit? Hey, it’s been a long day. Can an employer insist on regular attendance without violating the ADA? Maybe. says Robin Shea at the Employment and Labor Insider. And forget about indefinite leave as a reasonable accommodation under the New Jersey Law Against Discrimination…