Recognizing that every business with employees faces challenges that can impact their growth and profitability, Sandberg Phoenix attorneys are committed to sharing their knowledge of, experience with and passion for employment law. Addressing current issues, recent case studies and matters of statutory and regulatory compliance, the Employer Law Blog provides expert advice and analysis of important aspects of employment law.
What does Right to Work Mean?
Employers are barred from: requiring employees to become, remain, or refrain from becoming a member of a labor organization; or pay dues or other charges required of labor organization members as a condition of employment.
A slew of new laws went into effect on January 1 in Illinois. Below are key labor and employment laws:
The Republican controlled General Assembly is getting a head start on the labor and employment front by pre-filing several pro-business labor and employment bills. Right to work- In general, the various bills in one form or another make contract clauses that require union membership as a condition of employment or continued employment null and void….
By Timm Schowalter In a continuing troubling trend to marginalize an employer’s ability to protect their informational assets and to comply with its federal and state obligations under discrimination laws a National Labor Relations Board judge has ruled that employee handbook rules implemented by an information technology staffing company, Insight Global LLC, are illegal. On one…
On August 1, 2016, Massachusetts became the first state to bar employers from asking about an applicant’s salary before offering them a job. Bill S.2119, which goes into effect January 1, 2018, states that it shall be an unlawful practice for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer. The law does not prohibit prospective employees from voluntarily disclosing such information. Further, an employer may seek or confirm a prospective employee’s wage or salary history after an offer of employment with compensation has been negotiated.
The Department of Labor’s Final Rule on white collar exemptions takes effect on December 1, 2016. Are you ready? You can answer this question with three simple tests. An employee must pass all three tests to be eligible for exemption from overtime pay.
Regis Corporation, dba SmartStyle, has agreed to pay $60,000 in damages and back pay to a former employee to settle a lawsuit that was brought by the EEOC in the Western District of Texas. Regis’ employee worked as a hair stylist. Due to her claustrophobia, she could not work at a salon station if it was in a confined space located between others. The EEOC claimed in the lawsuit that Regis violated the ADA when it refused to accommodate the stylist’s claustrophobia and then fired her.
Governor Bruce Rauner signed the Child Bereavement Leave Act into law on July 29, 2016. The Law requires employers with at least fifty (50) employees to provide up to ten (10) working days of unpaid leave for the loss of a child.
The September 30, 2016, due date for employers to file their annual EEO-1 reports with the Equal Employment Opportunity Commission (EEOC) is on the near horizon. Private employers with 100 or more employees, and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more, should take the appropriate measures to file their reports on time.
Recently, in Hernandez v. Bridgestone Americas Tire Operations, LLC, the U.S. Court of Appeals for the Eighth Circuit held that where overtime is considered mandatory an employer may deduct missed shifts from an employee’s allotted intermittent leave allotment under the Family and Medical Leave Act of 1993 (FMLA), but that the employer must also include mandatory overtime hours when calculating an employee’s total FMLA-leave allotment. Failure to do so constitutes an FMLA interference claim.