Best Practice Derailed by the Details

By James Korte The EEOC has suggested that a manager’s performance evaluation should include the manager’s compliance with Equal Employment Opportunity (EEO) laws. More information. Keep in mind that such a grading system must be applied in a way that does not itself discriminate against employees based on their protected characteristics. In a recent District Court […]

Settling Employer Cries “Foul” at DOJ’s Press Release

By: Lindsay Hesketh In a 2-1 decision, the 8th Circuit recently ruled the government’s press release announcing it “found” violations of law against an employer, although false, did not materially breach its settlement agreement with the employer. The Immigrant and Employee Rights Section of the Department of Justice (IER) investigated allegations that the employer discriminated […]

Employees on Leave? Maybe It’s Time to Check-In.

By: Mercedes Pineda The Eighth Circuit recently served a reminder about the importance of maintaining direct contact with your employees. The employer hired a sergeant in the National Guard. The employee was deployed to Afghanistan and coordinated his military leave through the employer’s third-party leave administrator. Unfortunately, the employee was wounded in action, and was […]

Employer Narrows “Collective” Actions Thru Arbitration Agreement.

By: Beth Ann Lennon Last term, in Epic the Supreme Court ruled the National Labor Relations Act (“NLRA”) is not a “get out of arbitration free” card. Individual employees who sign an appropriate arbitration agreement can be compelled to arbitrate even their “concerted” claims. Now, according to the Sixth Circuit, that ruling also tells us […]

NLRB GC Leashes Pavlov’s Dog

By: Patrick Scully NLRB General Counsel Peter Robb this week directed his staff not to object when an employee, who is trying to decertify a union, moves to intervene in a related unfair labor practice case. Typically, when employees try to decertify the union that represents them, the union’s Pavlovian response is to file a […]