A recent case out of the 9th Circuit Court of Appeals addressed the issue of whether an employee can decline to take FMLA leave even where the underlying reason for taking leave qualifies for FMLA protection. In Escriba v. Foster Poultry Farms, the employee indicated, on multiple occasions, that she wanted to take two weeks of vacation to… Continue reading Employee Can Decline FMLA Leave
Month: February 2014
NLRB Finds Some Employee Facebook Posts Not Protected Activity
By now, most employers know that the National Labor Relations Board (NLRB) considers Facebook posts among employees about terms and conditions of employment to be protected concerted activity. A recent NLRB decision clarifies, however, that an employee will not be able to establish that their Facebook posts are protected where the only evidence presented is that, over… Continue reading NLRB Finds Some Employee Facebook Posts Not Protected Activity
Tattoos and Hiring
Here is an interesting article for employees and employers from NPR http://www.npr.org/2014/02/21/280213268/job-seekers-still-have-to-hide-tattoos-from-the-neck-up
Overbroad Release Gets CVS Drug Stores in Trouble
Most employers are aware that the EEOC has strict rules about the rights an employer can ask an employee to release as part of a settlement. Generally, a release cannot require an employee to give up their right to bring an EEOC claim, or to communicate or cooperate with the EEOC. CVS drew the EEOC’s attention when… Continue reading Overbroad Release Gets CVS Drug Stores in Trouble
EEOC Releases FY 2013 Enforcement Data
Curious about what kind of cases the EEOC is bringing and how much money the agency is bringing in from employers via settlement and litigation? The answers are all here (for 2013 and prior years). http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm
Locker Room Environment Costs JP Morgan Chase $1,450,000
Today JP Morgan Chase agreed to pay $1,450,000 to settle a sex discrimination suit brought by the EEOC on behalf of a group of 16 female mortgage bankers in Ohio. The EEOC alleged that JP Morgan Chase’s office was a place where sexually charged behavior and comments from supervisors created a sexist and uncivil atmosphere. The EEOC… Continue reading Locker Room Environment Costs JP Morgan Chase $1,450,000