NLRB Joint Employer Whiplash

Executive Summary: The National Labor Relations Board (“NLRB” or “Board”) has vacated its decision in Hy-Brand Industrial Contractors, Ltd., (“Hy-Brand”), thereby reinstating the joint employer standard created by the Obama Board in the Browning-Ferris Industries of California, Inc. (“BFI”) decision. The Board’s reversal was due to an apparent conflict of interest created by Board Member William Emanuel’s participation in the Hy-Brand decision.

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Sixth Circuit Holds Telecommuting May Be Reasonable Accommodation

Executive Summary: On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the employee’s telecommuting request for the finite period, the employer failed to accommodate the employee in violation of the Americans with Disabilities Act, according to the court.

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Second Circuit Finds Title VII Prohibits Discrimination Based on Sexual Orientation

Executive Summary: Overruling prior circuit precedent, the full U.S. Court of Appeals for the Second Circuit held today that sexual orientation discrimination is a subset of sex discrimination under Title VII. In reaching this conclusion, the Second Circuit joins the Seventh Circuit, deepening a split among the federal appeals courts, as the majority of these courts have held that Title VII does not prohibit sexual orientation discrimination.

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Risky Wager – the Hidden Liability of March Madness Office Pools

basketball - blog

Executive Summary: March Madness, the NCAA Division 1 college basketball tournament, is rapidly approaching. Second in betting popularity only to the Super Bowl, some have predicted as much as $3 billion will be bet on workplace bracket pools during March Madness this year. March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for employers, from productivity loss to discrimination and disability issues and even criminal penalties. Online gambling can also create headaches for employers and IT departments. Before turning a blind eye or participating in the pool, here are a few risks with which employers should become familiar.

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New Template Makes It Easier for Employers to Provide Notice Under California’s Immigrant Worker Protection Act

Executive Summary: In a development welcomed by employers state-wide, the California Labor Commissioners Office released a template notice form for California’s recently enacted Immigrant Worker Protection Act well in advance of the July 1, 2018, deadline imposed by the law. The template provides employers with an approved and straight-forward option to provide required notice to employees of immigration enforcement efforts in the workplace, as required by the law.

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