Hold the Mayo: Jimmy John's Workers' Disparaging Statements Not Protected by the NLRA Says 8th Circuit

How far can employees go during a labor dispute to make their case to the public? For years the National Labor Relations Board (NLRB) has granted employees a surprising amount of leeway, so long as their statements were not made with malicious intent and pertained to an ongoing labor dispute. In other words, employees could go quite far. Fortunately for employers, the 8th Circuit Court of Appeals recently tamped down this enthusiasm and redirected the NLRB to long-standing Supreme Court precedent. More ›

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

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 ›

Baby Bump to Pregnant Employee Rights: Massachusetts Enacts Pregnant Workers Fairness Act

In another effort to take aim at disparate treatment of women in the workforce, Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act on July 27, 2017. The new law takes effect on April 1, 2018.

The Act requires Massachusetts employers to provide pregnant women and new mothers with "reasonable accommodations" for their pregnancies and any conditions related to their pregnancies. The new Massachusetts law expands existing protections and provides express instructions on the types of accommodations employers are required to provide.  More ›

Wisconsin Appellate Court Holds Management Policy Does Not Negate At-Will Employment Relationship

At-will employment is the default rule in Wisconsin. Employers may terminate for any reason or no reason at all.  However, that relationship can be overridden by contract, in some cases inadvertently, through employee policies and other post-employment agreements. In a case that came as good news for employers, last week, the Wisconsin Court of Appeals affirmed that it would not read a policy as overriding the employment at-will relationship unless the policy evidenced an intent to do so. More ›

New Form I-9 Released: Ensure You Are in Compliance by September 18th

U.S. Citizenship and Immigration Services (USCIS) published the newest version of the Form I-9 on July 17. The new Form I-9 replaces the version previously released on November 14, 2016. While the changes to the form are subtle, the consequences for employers who do not use the new form to verify the employment eligibility of all new employees by September 18 are anything but. Fines for omissions or mistakes on Form I-9 can range from $216 to $2,156 per form. More ›

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

On Monday, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her status as a medical marijuana patient. More ›

Rhode Island Superior Court Decision Holds that Employers Cannot Refuse to Hire Medical Marijuana Cardholders

The Rhode Island Superior Court recently issued a decision in Callaghan v. Darlington Fabrics Corp. holding that defendant employer violated Rhode Island's Hawkins-Slater Medical Marijuana Act ("the Act") by refusing to hire a prospective employee who was a medical marijuana cardholder. The ruling is a first in Rhode Island, and a departure from other states' decisions, such as New Mexico and Colorado, that have found in favor of the employer. More ›

Evans Vows to Take Sexual Orientation Discrimination Case to the U.S. Supreme Court

The Supreme Court may soon answer the most significant question to arise under Title VII in recent years: is sexual orientation discrimination "sex discrimination" within the meaning of the statute? The case to watch: Evans v. Georgia Regional Hospital. More ›

Electronic OSHA Reporting Deadline Delayed For Now, or Forever?

With the July 1, 2017 deadline looming for OSHA's electronic reporting requirement, it came as a relief to employers when, in May. OSHA gave word that it intended to propose extending this deadline.   More ›

Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st

The sick time ordinances passed by both the Minneapolis and St. Paul City Councils take effect July 1, 2017. The Minneapolis Sick and Safe Time ordinance requires all employers with six or more employees to provide paid sick time; employers with five or less employees are required to provide unpaid sick time. The St. Paul Earned Sick and Safe Time ordinance will apply to all employers, regardless of size, but gives a six-month grace period to employers with 23 or fewer employees. Both cities have also included a deferral provision for new employers. More ›