The haze of Springfield’s recent legislative session has cleared, and Illinois has become the latest state poised to legalize marijuana. Like many other businesses throughout the country, Illinois employers will be faced with the complexity of enforcing their drug and substance abuse policies while their employees have the legal right to use marijuana outside of the workplace.
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Earlier this month, the General Counsel of the National Labor Relations Board issued a memo instructing regional agency officials on how to assess workplace rules in light of the new standard established by the National Labor Relations Board (NLRB) in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017). Together, the Boeing decision and the General Counsel’s memo shift the presumption regarding facially neutral workplace rules back in favor of the employer.
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Like many holidays, Valentine’s Day is a time when employees celebrate, while HR representatives, in-house counsel, and business owners hold their breath. In the #MeToo era, employers should consider proactively addressing workplace relationships and shoring up internal policies for dealing with complaints. Here are some tools to help employers get in the Valentine’s Day spirit.
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From Anita Hill’s allegations in the 1990s to the recent flood of allegations in the news headlines, sexual harassment has been a persistent and pervasive problem. It occurs at all levels, across all occupations. While many companies have policies addressing inappropriate and unwelcome sexual behavior in the workplace, those policies may not be enough.
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Technological advances are leading many businesses to collect and store the biometric data of their employees, contractors, and customers for purposes of identification and authentication. Biometric data has many uses, such as giving people access to their accounts and sensitive financial information, providing employees, contractors, and customers physical access to workplaces and businesses, and giving employees the ability to clock in and out of work without using keyfobs or ID cards.
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Pay Data Requirement for EEO-1 Form Stayed
Earlier this week, the U.S. Office of Management and Budget (OMB) initiated an immediate stay of the Equal Employment Opportunity Commission’s revamped Employer Information Report, or EEO-1. As discussed here, an expanded EEO-1 was issued in September 2016, and required employers to submit information on employee pay and hours by job category, in addition to demographic information. The new EEO-1 requirement was to take effect beginning with the next EEO-1 date of March 31, 2018 (changed from previous September 30 submission deadlines.)
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The U.S. Equal Employment Opportunity (EEOC) this week issued a publication addressing the rights of employees and applicants with mental health conditions under the Americans with Disabilities Act (ADA). The publication, entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” can be found here.
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According to a recent survey, the number one reason employers have their tinsel in a tangle about office holiday parties is how much they cost.[1] But the cost of tinsel and treats is nothing compared to the expense of defending an employment lawsuit. The best way to keep holiday parties within budget—and a business out of the courtroom—is to follow these steps to minimize liability.
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On Tuesday, the United States District Court for the Eastern District of Texas issued a decision enjoining the Department of Labor (DOL) from enforcing its new overtime rule. State of Nevada et al. v. U.S. Department of Labor et al., case number 16-cv-00731. The new rule, which was announced in May 2016 and was set to become effective on December 1, 2016, sent employers scrambling to comply with a substantial increase to the minimum salary requirements for the white collar exemptions. In his decision, the judge held that the DOL had exceeded its authority in issuing the rule.
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Employers, along with tricks and treats, the holiday could bring risk of religious discrimination and harassment lawsuits. Employers should review discrimination policies and dress codes and rid themselves of any skeletons lurking in the closet.
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