Posts in Workplace Policies

Is Your Business Prepared to Comply With New York's Retail Worker Safety Act?

September 30, 2024 by Jason S. Greenfield

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act (the "Act") into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more retail employees nationwide to install panic buttons by January 1, 2027. More ›

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| Email | Print | Topics: DOL, Employee, Employer, Employer Policies, Employer Policy, Employment, Labor and Employment, New York, U.S. Department of Labor, Workplace Policies, Workplace Safety, Workplace Training

The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

December 22, 2023 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor and employment attorney gave to me twelve drummers drumming and SB 553. More ›

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| Email | Print | Topics: #12Days, California, Employer, Employer Policies, Employer Policy, Workplace Discrimination, Workplace Policies, Workplace Rules, Workplace Safety, Workplace Training

Whole Foods Prevails Against Racial Bias Claims

February 12, 2021 by Hinshaw & Culbertson LLP

With political and social activism surging in the workplace, Frith et al. v. Whole Foods Market Inc. et al., may prove to be the tip of the iceberg when it comes to employee discrimination claims. At issue in the polarizing case decided in a Massachusetts' federal court was whether Whole Foods violated federal discrimination laws when it barred employees from expressing support for the Black Lives Matter movement by wearing masks and apparel referencing BLM. More ›

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| Email | Print | Topics: Black Lives Matter, First Amendment, Freedom of Speech, Political Speech, Section 7, Whole Foods, Workplace Policies

Political and Social Activism Surges in the Workplace: Five Issues for Employers to Consider

September 21, 2020 by Hinshaw & Culbertson LLP

Six months into a global pandemic, employers across the United States continue to confront a series of new economic realities. One particular phenomenon employers are having to deal with is a surge of political and social activism in the workplace. Individuals across the country are voicing opinions in what can only be described as a highly polarized political environment. Many employees are expressing their viewpoints both on social media and in the workplace, and it is unreasonable to expect these conversations will not happen during working hours. More ›

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| Email | Print | Topics: First Amendment, Freedom of Speech, Political Speech, Section 7, Social Media, Workplace Policies

California Governor Extends Workplace Harassment Training Deadline to 2021

September 10, 2019 by Mellissa A. Schafer

Last December, this blog detailed SB1343 and the law's requirements for employers with five or more employees to provide anti-harassment training. SB1343 expands existing anti-harassment training requirements, and also covers seasonal and temporary workers. Employers are required to provide their non-supervisory employees with one hour of training, and supervisory employees are required to complete two hours of training. The training must then be repeated every two years thereafter. Originally, the deadline for completing the initial training was set at January 1, 2020. More ›

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| Email | Print | Topics: Anti-Harassment, Anti-Harassment Policy, California, Seasonal Workers, Supervisors, Temporary Workers, Workplace Policies, Workplace Training

Uniform Application of Employment Policies Leads to Positive Outcome in Employee’s Suit

October 29, 2018 by Hinshaw & Culbertson LLP

The Seventh Circuit Court of Appeals recently explained that an employee’s inconvenience from a neutral workplace policy or the employer’s discretionary denial of benefits cannot support a claim under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), or the Family Medical Leave Act (“FMLA”). More ›

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| Email | Print | Topics: ADA, Adverse Employment Action, Disability, Disability and Medical Leave, Disability Discrimination, Employer Policies, Failure to Accomodate, Family and Medical Leave Act, FMLA, Reasonable Accomodation, Title VII, Title VII of the Civil Rights Act of 1964, Workplace Policies

Lawful, Unlawful, or It Depends? NLRB Issues New Guidance on Employer Policies Affecting Section 7 Rights

June 22, 2018 by Hinshaw & Culbertson LLP

Earlier this month, the National Labor Relations Board's (NLRB) General Counsel issued Memorandum GC-18-04 providing guidance on handbook rules in light of the Board’s Boeing Company decision. In Boeing, the Board reevaluated when a seemingly neutral work rule, handbook rule, or employment policy violates the rights of workers granted by Section 7 of the National Labor Relations Act (NLRA). In doing so, it adopted a new test balancing the negative impact a given rule may have on an employee’s ability to exercise his or her Section 7 rights versus the employer’s right to maintain a disciplined and productive workplace. It also laid out three categories of rules: those that are always lawful, those that are usually always unlawful, and those it depends-type rules falling into the middle category. The GC’s guidance sorts common workplace policies into these three buckets. More ›

The 12 days of California Labor & Employment Series – Day 8 "Human Trafficking Notice Requirements Expanded"

December 19, 2017 by Mellissa A. Schafer

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the eighth day of Christmas, my Labor and Employment attorney gave to me – eight maids a milking and AB 260. More ›

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| Email | Print | Topics: California, Workplace Policies

California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

August 7, 2017 by Mellissa A. Schafer

Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of domestic violence, sexual assault, and stalking. More specifically, the required notice mandates employers notify new employees of their rights under Labor Code Sections 230 and 230.1. These sections detail the following points: More ›

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| Email | Print | Topics: California, California Labor Code, Domestic Violence, Employee Handbook, Employer Policies, Interactive Process, Leave, Notice, Paid Time Off, Policies, Policy, PTO, Sexual Assault, Sick Leave, Stalking, Unpaid Leave, Workplace Policies

Implement a Waiting Period for Paid Vacation in California? Yes You Can.

August 4, 2017 by Mellissa A. Schafer

California employers know they must compensate any employee unused and vested vacation pay upon separation from employment. Once vacation is vested, the right to vacation pay cannot be forfeited. But what happens when vacation rights have not vested? The Court of Appeals recently decided this question in Minnick v. Automotive Creations, Inc. More ›

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| Email | Print | Topics: Employee Handbook, Employer Policies, Unpaid Wages, Vacation Accrual, Vacation Pay, Vacation Policy, Vested Rights, Waiting Period, Workplace Policies

Is Your Business Prepared to Comply With New York's Retail Worker Safety Act?

The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

Whole Foods Prevails Against Racial Bias Claims

Political and Social Activism Surges in the Workplace: Five Issues for Employers to Consider

California Governor Extends Workplace Harassment Training Deadline to 2021

Uniform Application of Employment Policies Leads to Positive Outcome in Employee’s Suit

Lawful, Unlawful, or It Depends? NLRB Issues New Guidance on Employer Policies Affecting Section 7 Rights

The 12 days of California Labor & Employment Series – Day 8 "Human Trafficking Notice Requirements Expanded"

California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

Implement a Waiting Period for Paid Vacation in California? Yes You Can.

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