By Carol Hildebrand It is time for employers to make their plans if they intend to seek “H-1B” U.S. work authorization for a foreign professional under U.S. immigration law. During January and February, 2020 employers should begin drafting key forms that must go to the U.S. Department of Labor and the U.S. Citizenship and Immigration […]
Category: Human Resources/Employee Relations
Personal Journal May Be Protected Activity
By Alyssa L. Levy In Fischer v. Sentry Ins. A Mutual Co., an employee kept a log of when she felt sexually harassed or discriminated against by her employer. The log went missing shortly before the company fired her. In her retaliation complaint, the employee essentially asked the Court to infer her employer was aware […]
Colorado “Bans the Box” for Private Employers on September 1, 2019
By Alyssa Levy Effective September 1, 2019, the Colorado Chance to Compete Act (HB 19-1025) will “Ban the Box.” “Ban the box” refers to the checkbox on job applications where applicants must reveal if they have been convicted of a felony. With this Act, applicants cannot be required to disclose on a job application whether […]
NLRB Reins In Prior Expansive View Protected Concerted Activity
By John Alan Doran “So, two guys walk into a bathroom…” No, seriously, this case is about two co-workers who walked into a bathroom. While in the bathroom, Employee A complained to Employee B that a former client had been dropped back in his lap, and that the former client should have been sent to […]
Employer’s Reasonable Belief Is No Pretext
By Beth Ann Lennon Did the car hit the employee or the employee hit the car? This is not the beginning of a logic problem – it’s the question one employer recently encountered when investigating a “he-said, he-said” workplace dispute. Based on the investigation, the employer determined that the employee had lied about the contact […]
EEO-1 Reprieve
By John Alan Doran Good news from the EEOC for a change! The EEOC announced that it is delaying the deadline to submit EEO-1 data until May 31, 2019. The agency blames “a partial lapse in appropriations” for its need to extend the deadline, but fails to explain why the lapse necessitates the extension. For […]
Opening the Door to Discrimination Claims Under the Arizona Medical Marijuana Act
By Lindsay H.S. Hesketh & Matthew A. Hesketh A medical marijuana cardholder and her employer went to court. The employer had a policy prohibiting employees from working under the influence of marijuana and fired the cardholder when her drug test (taken after a workplace accident) showed the presence of marijuana metabolites. The District Court of […]
Drafting Yourself into a Lawsuit
By Beth Ann Lennon Many employment-related statutes require employers to provide “clear and conspicuous” communications to employees. The Ninth Circuit’s decision last week in Gilbert v. Cal. Check Cashing Stores (“CCCS”), No. 17-16262, reminds us of the need to proofread employment documents to satisfy that requirement. As the Ninth Circuit was forced to explain again, […]
The Importance of Reporting Procedures
By Matthew Hesketh Employee Handbooks should have procedures for reporting harassment, and employers should take prompt remedial action once the procedures are initiated by an employee. Employers who take such action may escape Title VII liability even in cases where an employee can show harassment. That’s the lesson from a District Court decision last month […]
Pro Tip: Employee Handbooks Should Avoid Contractual Language and Affirm At-Will Employment
By Lindsay H.S. Hesketh An October 12, 2018 Order from the District Court of Arizona reminds employers to include the appropriate “at-will” language and disclaimers of contractual intent in their employee handbooks. A former employee brought 11 claims against the employer, including a claim for wrongful termination in violation of an employment contract under Arizona […]