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.
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit.
On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.
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.