Law and Your Workplace
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Law and Your Workplace: Navigating the Complex Web of Employment Law

Elective Surgery and FMLA Leave

David E. Stevens By David E. Stevens, on 09/14/18
Filed As: Employee Leave

As a covered employer, how do you respond to a healthy, but otherwise-qualified employee who requests FMLA leave for an elective procedure such as cosmetic surgery?

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Keeping Employment Conversations Private – No Recording Rules for Employers

David E. Stevens By David E. Stevens, on 08/17/18
Filed As: Employment Counseling: Best Practices

Is it legal for employees to record disciplinary meetings and termination meetings in the workplace?

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Supreme Court Holds Public Sector Employees Not Required to Pay “Fair Share Fees”

David E. Stevens By David E. Stevens, on 07/13/18
Filed As: Organized Labor

We previously discussed that there was one big labor case pending on the Supreme Court docket this term – Janus v. AFSCME.

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Workplace Drug Testing Considerations in Light of OSHA’S Anti-Retaliation Provisions

Gina LiVolsi By Gina LiVolsi, on 06/29/18
Filed As: Compliance

In drafting and enforcing drug testing policies, employers need to consider OSHA’s 2016 Final Rule, which added additional provisions regarding retaliation for workplace reporting. 

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The Supreme Court Is Winding Down Its Term… But a Big Labor Case Remains

David E. Stevens By David E. Stevens, on 06/22/18
Filed As: Organized Labor

Today, the Supreme Court issued four decisions from its October 2017 term, leaving just six cases remaining.

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NLRB Issues New Guidance on Employee Handbooks

David E. Stevens By David E. Stevens, on 06/15/18
Filed As: Compliance

On June 6, 2018, the NLRB’s General Counsel issued new guidance on how employee handbook rules and policies would be interpreted, as those rules and policies relate to employees’ rights under the National Labor Relations Act.

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Calling All California Employers – Are Your Independent Contractors Properly Classified?

Y. Angela Lam By Y. Angela Lam, on 06/8/18
Filed As: Wage and Hour Law

It is time to revisit your independent contractors’ classification. 

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Class Action Waivers in Arbitration Agreements – The Supreme Court’s Epic Decision

David E. Stevens By David E. Stevens, on 06/1/18
Filed As: Wage and Hour Law

On May 21, the Supreme Court decided a trio of cases consolidated as Epic Systems Corp. v. Lewis, holding that employers may include class- and collective-action waivers in arbitration agreements with their employees.

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Be Careful with Job Postings in the 7th Circuit: Considerations in light of Kleber v. Carefusion Corporation

Gina LiVolsi By Gina LiVolsi, on 05/25/18
Filed As: Employment Counseling: Best Practices

As a way to screen perceived overqualified applicants from applying for an open position, employers sometimes put experience caps on job postings.  But be careful.  While this is a seemingly neutral practice, it could put your company at risk.

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Document, Document, Document!

David E. Stevens By David E. Stevens, on 05/18/18
Filed As: Employment Counseling: Best Practices

Any time you decide to terminate an employee, it’s critical that you locate and preserve the evidence you relied upon in making that decision. You never know – it just might save you a few million down the road.

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