The National Labor Relations Board (NLRB) continues to take an activist role, striking a number of such policies, including employers' confidentiality and social media policies.
Confidentiality
On February 6, 2014, the NLRB determined that employer ...
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Personnel Policies
Genetic Information Nondiscrimination Act: Pre-Employment Physicals Can be a Violation
The Genetic Information Nondiscrimination Act (GINA) was passed by Congress in 2008 to prevent employers from demanding genetic information, including family medical history, and using that information in the hiring process. However, GINA’s impact on ...
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Employees’ Critical Social Media Posts about Supervisor were Protected by the NLRA
Can employees' critical social media posts about a supervisor be fair grounds for dismissal? In a case filed with the National Labor Relations Board (NLRB), three employees fired for complaining about a supervisor on social media were found to have ...
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Pregnancy Disability Leave: How Much is Enough Under California’s Laws?
California’s new Pregnancy Disability Leave (PDL) regulations issued in December 2012 had sweeping implications for employers trying to maneuver their way through the various leave issues presented by employees seeking time off due to pregnancy or ...
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Sex Harassment Training: How to Get the Message Across
By now, most employers understand that if they operate a business in California and have fifty or more employees, they are required under state law to provide two hours of sex harassment training to supervisors in California every two years. The law ...
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ADA Reasonable Accommodation and Light Duty: Don’t Forget California FEHA
A 2011 decision out of California’s Second Appellate District Court further complicated the difficult analysis regarding when an employee is entitled to light duty as a reasonable accommodation under California disability laws. In Cuiellette v. City ...
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Terminating an Employee: Paying for a Termination Meeting
When terminating an employee or effectuating, a separation many businesses choose to do so during a “termination meeting.” While the best practice is to conduct such a meeting at the end of an employee’s work day or work week, an employee on a leave ...
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Non-Solicitation Agreements: Can California Employers Ever Prevent Solicitation of Customers?
As many California employers know, “non-compete” clauses in offer letters, employment contracts, severance agreements or other employment documents are (with limited exception) invalid as against public policy in our fair State. California’s Business ...
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