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

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

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 |2020-09-21T13:55:05-05:001/20/2017|Categories: Policies and Practices|Tags: , , , , |Comments Off on Percentage of Full-Time Workers Engaging in Illicit Drug Use Hit 10-Year High in 2015

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

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

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

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 |2016-09-23T15:11:33-05:009/23/2016|Categories: Agency Enforcement, Arbitration and Dispute Resolution, Labor Relations, Policies and Practices|Tags: , , , , , , |Comments Off on Ninth Circuit Rules That Mandatory Arbitration Class Waivers Violate Federal Labor Law, Widening Split Among Federal Circuits