We have posted before about the protections afforded to employee social media posts under Section 7 of the National Labor Relations Act. Yesterday, the NLRB made clear that no protection is available to employees who advocate multiple detailed acts of insubordination (rather than engage in a concerted effort to improve or address the terms and… Continue reading Facebook Posts Advocating Insubordination are Not Protected
Month: October 2014
Two One Armed Men
This week the EEOC announced a settlement and a lawsuit both involving employees with one arm. The settlement arose from an employer’s termination of an employee with one arm after a customer sent the employer a note that said: “The company is a joke. You sent me a one-armed security guard.” The lawsuit arose when… Continue reading Two One Armed Men
Non-Disparagement Clauses in Settlement Agreements
When resolving employment-related claims brought by former employees, employers frequently seek to include a provision that prohibits the former employee from disparaging the employer. Non-disparagement provisions in settlement agreements can be enforceable. However, because of the EEOC’s position that employees cannot be required to waive their rights to file a charge with the EEOC or… Continue reading Non-Disparagement Clauses in Settlement Agreements
Check Your Forms
In a lawsuit recently settled by the EEOC, the employer was alleged to have included a text box on an internal form that sought age-based information for certain applicants and allegedly resulted in the exclusion of qualified applicants over the age of 50 for territory manager positions. The EEOC does not specify what was in… Continue reading Check Your Forms
DOL Delays Enforcement of Wage Rules for Home Care Workers
Today the DOL announced that it would delay enforcement of the final rule requiring payment of minimum wage and overtime for home care workers until June 30, 2015. Thereafter, from July 1, 2015 to December 31, 2015, the DOL will exercise its discretion in bringing enforcement actions “giving strong consideration to the extent to which states… Continue reading DOL Delays Enforcement of Wage Rules for Home Care Workers
Oregon and Washington Minimum Wages for 2015
Mark your calendar: Beginning January 1, 2015, Oregon’s minimum wage will increase to $9.25/hour and Washington’s minimum wage will increase to $9.47/hour.
Supreme Court to Hear Abercrombie & Fitch Religious Discrimination Case
Here is a summary of the issue to be considered by the Court from http://www.scotusblog.com/ Whether an employer can be liable under Title VII of the Civil Rights Act of 1964 for refusing to hire an applicant or discharging an employee based on a “religious observance and practice” only if the employer has actual knowledge… Continue reading Supreme Court to Hear Abercrombie & Fitch Religious Discrimination Case
Polish Jokes Not That Funny
A recent EEOC lawsuit is a reminder that teasing an employee about their ancestry may constitute national origin discrimination. In the EEOC’s complaint against Rhino Eastern, a mining company, the EEOC alleged that supervisors and other employees subjected a Polish employee to degrading and humiliating comments, taunts and slurs based on his Polish ancestry. When… Continue reading Polish Jokes Not That Funny
Minimum Wage Up to $10.10/hr for Federal Contract Workers
Today the DOL announced a final rule that raises the minimum wage for workers on federal service and construction contracts to $10.10/hr. The rule implements Executive Order 13658. The DOL News Release with a link to the final rule is here: http://www.dol.gov/opa/media/press/whd/WHD20141888.htm Executive Order 13658 is here: http://www.gpo.gov/fdsys/pkg/FR-2014-02-20/pdf/2014-03805.pdf
