Takin’ Care of Business (on Half Time Schedule)

By: Joe Hunt An employee was unable to return to work full time because she was experiencing postpartum depression. She worked half time instead and, according to the employee, she was still able to do everything that was required of her position as a Human Resources Generalist. When the employee requested to extend her half […]

Between a Rock and a Hard Place – Off Duty Conduct Statutes

By: Beth Ann Lennon The Ninth Circuit recently reminded employers to keep state statutes regarding lawful off duty work in mind. R.C. Willey had a policy prohibiting employees from arriving at work with a blood alcohol level above .04%. When an employee came to work with a higher BAL, the employer discharged him. The policy […]

Facebooking Misappropriated Employer Form Is Not Protected Activity

By Chance Hill On June 11, 2018, the National Labor Relations Board (Board) Division of Advice applied the Board’s new Boeing standard for assessing employer policies.  The Division advised that an employer did not violate the NLRA when it discharged a pro-union employee who Facebooked a form that was “improperly taken” from a team leader’s […]

The DOL Can’t Always Get What It Wants

By: Lindsay Hesketh While investigating defendant La Piedad’s FLSA compliance, the Department of Labor subpoenaed, among other things, documents with the names and addresses of other businesses owned by defendant’s shareholders. La Piedad informed the DOL that it did not have responsive records. Rather than investigate that response, the DOL immediately moved for an order […]