August 2017 Newsletter

California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions concerning an applicant or employee’s criminal convictions will now be subject to the new regulation that employers can locate here. That regulation raises the bar employers must clear in order to pose criminal conviction-related questions to applicants and employees.  And it raises it significantly.  We discuss the new regulation...
Today’s lesson may seem obvious, but it is one worth repeating: any employee, no matter the on-the-job misconduct, can sue you. Filing a lawsuit is one thing, succeeding on that lawsuit is an entirely different animal. Case in point: Robinson v. Klosterman Baking Co. (S.D. Ohio 7/5/17). Michael Robinson was not what one would call one of Klosterman Baking’s exemplary employees. Klosterman disciplined him for attendance violations at least...
As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work (like this decision here). The most recent high court to weigh in on this topic is the Massachusetts Supreme Judicial Court, which looked at whether an employer may violate that state’s anti-discrimination law when it fires an employee because of a failed drug test based on the...
Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays the agency but does not directly pay Ryan. But when Ryan comes to work, he is supervised by Michael, who is one of your employees. Michael takes Ryan under his wing, and he monitors Ryan’s ...
As anyone who’s been following the news is aware, President Trump has been publicly and repeatedly indicating his displeasure with Attorney General Jeff Sessions. We are a non-partisan blog, so I’m not going to get into who’s right and who’s wrong about the underlying dispute. But it does seem to me that the President is trying to force the Attorney General to quit. Thus, the situation provides an excellent illustration of an...
You’ve heard of “English-only” policies, but here is a new one. The Equal Employment Opportunity Commission filed suit last week against a Houston-area company for allegedly requiring applicants to be of Hispanic national origin and to speak Spanish. The EEOC is claiming race and national origin discrimination based on a “pattern or practice,” as well as disparate impact. The lawsuit alleges that Champion Fiberglass, Inc., a...