Tag Archives: Employee Rights

ALJ Says Company’s Neutral Reference and Press Inquiry Policies Violate NLRA

A recent decision by an administrative law judge concerning the policies in the employee handbook of a nonunion real estate management company, takes an expansive view of what constitutes "concerted activity" under the NLRA and which employer policies could be interpreted to obstruct employees’ right to engage in concerted activity. … Continue Reading

Government Raising Awareness Regarding Religious Discrimination in the Workplace

Recently, the federal government has highlighted the issue of religious discrimination and accommodation in the workplace. Given the diversity of most workplaces, especially retailers, employers should be particularly sensitive to the potential risks of religious discrimination and harassment claims, as well as its obligations to accommodate reasonable religious-based requests for workplace changes.… Continue Reading

Employer Guidance in the Midst of Bathroom Politics

In the midst of the press and politics that surround the issue of bathroom policies and laws with respect to transgender employees, it is helpful to remember that government organizations have been issuing guidance to employers to assist them in dealing with these issues, especially in places where gender identity and expression constitute protected characteristics under anti-discrimination laws.… Continue Reading

EEOC’s New Policy – Employer’s Position Statement Shown to Employee

The Equal Employment Opportunity Commission has implemented nationwide procedures which require all EEOC offices to release copies of an employer’s entire position statement, together with all non-confidential documents submitted in support of the position statement, to an employee who has filed a discrimination charge, or his or her representative (including attorneys). These procedures apply to all position statements requested after January 1, 2016.… Continue Reading

EEOC Brings First Sexual Orientation Discrimination Lawsuits

On March 1, 2016, the United States Equal Employment Opportunity Commission sued employers for the first time for sexual orientation discrimination. The EEOC filed lawsuits in federal courts in Pittsburgh and Baltimore against manufacturing and health care employers for unlawful sex discrimination on behalf of employees alleging they were harassed and discriminated against based on their sexual orientation. … Continue Reading

Supreme Court Denies Review of Second Circuit Decision Compelling Court or DOL Approval of FLSA Settlements

As reported on the Hunton Employment and Labor Law Blog, the United States Supreme Court has denied a restaurant manager’s petition seeking review of whether parties may stipulate to the dismissal with prejudice of a lawsuit alleging violations of the Fair Labor Standards Act (“FLSA”), or whether judicial or Department of Labor (“DOL”) approval is … Continue Reading

Online Retailer and Delivery Vendor Sued as Joint Employers for Overtime Wages

Earlier this month, a group of former delivery drivers filed a putative collective action lawsuit against an online retailer and Courier Logistics Services, LLC. The case is pending before the United States District Court for the District of Arizona. The plaintiffs allege that the two companies willfully misclassified them as independent contractors and denied overtime pay properly due under the federal Fair Labor Standards Act. … Continue Reading

Employers Should Review their FCRA Disclosure Forms

As reported in the Hunton Employment & Labor Perspectives Blog, Retailer Big Lots Stores, Inc. is facing a putative class action in Philadelphia, wherein the plaintiff alleges that the company “systematically” violated the Fair Credit Reporting Act’s (“FCRA”) “standalone disclosure requirement” by making prospective employees sign a document used as a background check consent form … Continue Reading

San Francisco Passes “Retail Workers Bill of Rights”

As reported in the Hunton Employment & Labor Law Perspectives blog, the San Francisco Board of Supervisors recently enacted two ordinances – which are being called the “Retail Workers Bill of Rights” – that provide extensive new protections to employees of “formula retail establishments” in San Francisco.  The new ordinances regulate how covered employers manage … Continue Reading
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