Policies and Practices

Ninth Circuit Rules That Qualification for Leave Under Employer’s More Generous Policy Does Not Automatically Confer FMLA Eligibility

The U.S. Court of Appeals for the Ninth Circuit refused recently to interpret the federal Family and Medical Leave Act

By Jaime Novikoff|2020-09-21T13:55:04-05:002/17/2017|Categories: Disability, Accommodations, and Leaves, Policies and Practices, State Standards|Tags: ADA, FMLA, Light Duty, Reasonable Accommodation, State and Local Law|Comments Off on Ninth Circuit Rules That Qualification for Leave Under Employer’s More Generous Policy Does Not Automatically Confer FMLA Eligibility

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Hair Testing Ruling by First Circuit Illustrates Challenge of Defending Selection Practice Against Adverse Impact Claim

The U.S. Court of Appeals for the First Circuit has remanded a case to a trial court jury for a

By Rae Vann|2020-09-21T13:55:05-05:002/3/2017|Categories: Background Checks, Discrimination and Harassment, Policies and Practices|Tags: Adverse Impact, Discrimination, Drug Tests, Race and Ethnicity|Comments Off on Hair Testing Ruling by First Circuit Illustrates Challenge of Defending Selection Practice Against Adverse Impact Claim

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Percentage of Full-Time Workers Engaging in Illicit Drug Use Hit 10-Year High in 2015

The percentage of U.S. workers who are full-time employees (FTEs) engaging in illicit drug use (including marijuana) on a monthly

By John Steiger|2020-09-21T13:55:05-05:001/20/2017|Categories: Policies and Practices|Tags: Data, Drug-Free Workplace Policies, Employee Drug Use, National Survey on Drug Use and Health, SAMHSA|Comments Off on Percentage of Full-Time Workers Engaging in Illicit Drug Use Hit 10-Year High in 2015

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Tenth Circuit Rules That “Faragher/Ellerth” Affirmative Defense Applies to Age-Based Hostile Environment Claims

Addressing the issue for the first time, and more definitively than any other federal appeals court to date, the U.S.

By Rae Vann|2020-09-21T13:55:08-05:0012/30/2016|Categories: Discrimination and Harassment, Policies and Practices|Tags: ADEA, Age Discrimination, Faragher/Ellerth, Hostile Work Environment|Comments Off on Tenth Circuit Rules That “Faragher/Ellerth” Affirmative Defense Applies to Age-Based Hostile Environment Claims

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$2.26 Million Settlement Agreed to by Lowe’s To Resolve Fair Credit Reporting Act Claims

Under the terms of a formal settlement agreement reached between home improvement retailer Lowe’s Companies, Inc., and a class of

By Rae Vann|2020-09-21T13:55:09-05:0012/23/2016|Categories: Background Checks, Policies and Practices|Tags: Background Checks, Class/Collective Action, FCRA|Comments Off on $2.26 Million Settlement Agreed to by Lowe’s To Resolve Fair Credit Reporting Act Claims

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November Elections Brought Further Expansion of State Legalized Marijuana Laws, Increasing the Challenges Facing Employer Drug-Free Workplace Policies

One other thing that happened on Election Day in November is that via ballot initiatives, voters in four more states

By Ann Reesman|2020-09-21T13:55:09-05:0012/18/2016|Categories: Compliance Tools, Policies and Practices, State Standards|Tags: Drug-Free Workplace Policies, Employee Drug Use, Guides, Marijuana, State and Local Law|Comments Off on November Elections Brought Further Expansion of State Legalized Marijuana Laws, Increasing the Challenges Facing Employer Drug-Free Workplace Policies

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Eleventh Circuit Provides Helpful Guidance on Distinguishing Racial Versus Cultural Characteristics in Context of Title VII Challenge to Grooming Policy

The U.S. Court of Appeals for the Eleventh Circuit ruled recently that a company’s race-neutral grooming policy, which prohibited certain

By Michael Bracken|2020-09-21T13:55:11-05:0010/23/2016|Categories: Discrimination and Harassment, Policies and Practices|Tags: Color, Discrimination, EEOC, Grooming Policies, Immutable Characteristics, National Origin, Race|Comments Off on Eleventh Circuit Provides Helpful Guidance on Distinguishing Racial Versus Cultural Characteristics in Context of Title VII Challenge to Grooming Policy

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Ninth Circuit Rules That Mandatory Arbitration Class Waivers Violate Federal Labor Law, Widening Split Among Federal Circuits

Widening a growing split among the federal appeals courts regarding the legality of a class action waiver contained in an

By Rae Vann|2016-09-23T15:11:33-05:009/23/2016|Categories: Agency Enforcement, Arbitration and Dispute Resolution, Labor Relations, Policies and Practices|Tags: Arbitration, Class/Collective Action, Class/Collective Action Waiver, FAA, NLRA, NLRB, Protected Concerted Activity|Comments Off on Ninth Circuit Rules That Mandatory Arbitration Class Waivers Violate Federal Labor Law, Widening Split Among Federal Circuits

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Dealing with Disruptive Political Discourse in the Workplace

Now that election season is upon us, it can create unique concerns for employers dealing with employees who wish to

By Michael Bracken|2020-09-21T13:55:12-05:009/16/2016|Categories: Discrimination and Harassment, Policies and Practices|Tags: Workplace Political Discourse|Comments Off on Dealing with Disruptive Political Discourse in the Workplace

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New U.S./EU “Privacy Shield Framework” To Facilitate Cross-Border Transfers of Personal Data Now In Effect

The U.S. Department of Commerce (DOC) and the European Commission (EC) reached agreement earlier this year on a new “Privacy

By Ann Reesman|2020-09-21T13:55:13-05:008/5/2016|Categories: Policies and Practices|Tags: Data, European Union, Privacy|Comments Off on New U.S./EU “Privacy Shield Framework” To Facilitate Cross-Border Transfers of Personal Data Now In Effect

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