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No Recording Policy Violates the NLRA

No Recording Policy Violates the NLRA

It stands to reason that employers may not want employees recording conversations in the workplace.  Recording conversations could discourage the free flow of open ideas. …


Nevada Expands Pregnancy Employment Protections

Nevada Expands Pregnancy Employment Protections

On June 2, 2017, Nevada enacted the Pregnant Workers’ Fairness Act (“Act”), requiring covered employers to provide reasonable accommodations to female employees and job applicants…















Trump Withdraws Transgender Bathroom Guidance

Trump Withdraws Transgender Bathroom Guidance

In May 2016, North Carolina governor Pat McCrory signed into law a bill (HB2) that required transgender people to use restrooms corresponding to their biological…








Emotional Distress Damages Allowed Under FLSA

Emotional Distress Damages Allowed Under FLSA

Count the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act. …





New Marijuana Laws And The Workplace

New Marijuana Laws And The Workplace

Last week, voters in seven states passed new laws relating to marijuana use, both recreational and medical, which has left many employers wondering what this…







More Pitfalls for Misclassifying Employees

More Pitfalls for Misclassifying Employees

The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors.  Most employers know that, if they…





Illinois’ “Child Bereavement Leave Act”

Illinois’ “Child Bereavement Leave Act”

On July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right…


NLRB Revises Back Pay Formula

NLRB Revises Back Pay Formula

In a 3-1 ruling, the National Labor Relations Board (“Board”) recently revised its back pay formula and radically departed from its traditional remedy for compensating…