The National Labor Relations Board (NLRB) has ordered a non-unionized hospital to rescind Code of Conduct provisions prohibiting “Verbal comments or physical gestures directed at others that exceed the bounds of fair criticism” and “Behavior . . . that is counter to promoting teamwork,” finding those prohibitions to be unfair labor practices. William Beaumont Hospital
Issue: Blanket prohibition on “message” clothing violates the NLRA.
A car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” was deemed overly restrictive and a violation of the National Labor Relations Act (NLRA). Boch Imports, Inc., NLRB, Case No. 1-CA-83551, January 13, 2014.
Beginning in December 2011, Boch Imports, Inc., doing business as Boch
OSHA creates new on-line resource for hospitals and healthcare entities.
According to the Department of Labor’s Occupational Safety and Health Administration (OSHA), hospital workers regularly face serious workplace hazards, including exposure to chemicals, hazardous drugs, and needle-sticks. Those workers often suffer musculoskeletal injuries that come from manually lifting and repositioning patients.
OSHA statistics indicate that U.S. hospitals recorded nearly 250,000 work-related injuries and illnesses
Under certain circumstances, a voluntary or requested transfer may establish an adverse employment action.
Can transferring an employee into a position for which he had applied nine months earlier be viewed as an “adverse employment action” sufficient to support a claim of discrimination? (HINT: Don’t bet your paycheck on this one.)
Robert Deleon, a 53 year old Hispanic male, was employed by the Kalamazoo County Road Commission for twenty-eight
Pregnancy-related statements by managers help employee to avoid summary judgment on pregnancy discrimination claim.
In an unpublished opinion, the U.S. District Court of Appeals for the 6th Circuit reversed a lower court’s dismissal of a pregnancy discrimination claim, finding that an employer’s “no accommodation for non-work-related injuries” raised an issue of pregnancy discrimination for a jury. Latowski v. Northwoods Nursing Center, 6th Cir., No. 12-2408, December 23, 2013.
Jennifer
Does your company’s year-end bonus create an FLSA overtime issue?
Bonuses paid or gifts given to non-exempt employees (those entitled to overtime wages for working hours in excess of 40 per week) at the end of the year or during the holidays can, in certain circumstances, trigger the overtime calculation provisions of the Fair Labor Standards Act (FLSA). The important factor is whether the
Participation in a rehabilitation program does not always trigger the ADA’s “safe harbor” provision for prior addictions.
Under the provisions of the American with Disabilities Act (ADA), as well as under many parallel state laws, individuals who successfully have completed a supervised drug rehabilitation program and who are no longer engaged in the illegal use of drugs are protected from employment discrimination. However, courts that have reviewed cases under this “safe harbor&rdquo
OSHA’s new online form provides an easy method to workers for filing whistleblower retaliation claims.
The federal Occupational Safety and Health Administration (OSHA) works to ensure safe and healthy conditions for working men and women on a national basis, by both setting and enforcing workplace standards, and by providing training, education and assistance to employers and employees, when necessary or requested. The agency also enforces the whistleblower protection provisions of
Termination of employee for entering alcohol rehab after a last chance agreement not necessarily a violation of the ADA.
One of the questions asked most often by employers relates to whether the enforcement of a “last chance agreement” with an employee who is recovering from drug or alcohol addiction is a per se violation of the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). The 3d U.S. Circuit Court
EEOC issues discussion points on permissible uses of “integrity testing.”
According to the U.S. Office of Personnel Management (OPM), “integrity testing” is a “specific type of personality test designed to assess an applicant’s tendency to be honest, trustworthy, and dependable.” Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence.
Problems can arise when an integrity test includes questions