In an attempt to improve the working conditions for employees or protect the general public, federal and state legislatures have passed a number of … Read more
Illinois Says Employers Can’t Discriminate Against Pot Users
Illinois lawmakers recently approved House Bill 1438, referred to as the “Cannabis Regulation and Tax Act,” legalizing recreational marijuana. Governor … Read more
You Can Fire Employees For Social Media Threats
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees … Read more
Gig Employers Lose Big as Appeals Court Applies Classification Test Retroactively
There’s no way to sugarcoat this one. Yesterday, the 9th Circuit Court of Appeals handed a big loss to gig economy companies by concluding that last year’s … Read more
Court Rules Class Action Arbitrations Require Specific Agreement
In 2010, the Supreme Court held in Stolt-Nielsen SA v. AnimalFeeds International that a court may not compel class-action arbitration when an arbitration … Read more
Retaliation Is Still Most Common EEOC Claim
This week, the U.S. Equal Employment Opportunity Commission released its Fiscal Year 2018 enforcement and litigation data. Here’s what you need to know: … Read more
How to Investigate An Employee Complaint
As the #MeToo movement has progressed, HR and legal departments are bearing the brunt of workplace complaints as they are increasingly called upon to sort … Read more
Another State Says ‘No’ to No-Poaching Deals
In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to … Read more
What You Can Do to Reduce the Risk of a Shooting
Note: Seconds after being officially terminated, Gary Martin opened fire killing 5 people, including the HR manager, an HR intern and the plant manager at … Read more
If You Do Background Checks, Check This Out
I don’t blog much about the Fair Credit Reporting Act. For those of you who aren’t familiar with FCRA, I suggest that you call an employment lawyer. Like … Read more