Employee rights


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…








Self-Help Discovery May Be Protected Activity

Self-Help Discovery May Be Protected Activity

As a matter of first impression, the Massachusetts Supreme Judicial Court recently held that self-help discovery may constitute “protected activity” under Massachusetts’ anti-retaliation statute. The…








Managers Can Be Sued For FMLA Violations

Managers Can Be Sued For FMLA Violations

The threat of incurring personal liability is becoming an increasingly dangerous reality for managers, supervisors and human resources personnel.  On March 17, 2016, in Graziadio…




EEOC Releases 2015 Enforcement and Litigation Data

EEOC Releases 2015 Enforcement and Litigation Data

The U.S. Equal Employment Opportunity Commission (EEOC), the Federal civil rights and discrimination in employment watchdog, released detailed breakdowns of the 89,385 charges of workplace…


EEOC Proposes Retaliation Guidelines

EEOC Proposes Retaliation Guidelines

Retaliation actions are sure to be on the rise.  You can thank the U.S. Equal Employment Opportunity Commission (EEOC) for that.  On January 21, 2016,…



EEOC Loses In CVS Severance Agreement Case

EEOC Loses CVS Severance Agreement Battle

CVS Pharmacy, Inc. terminated a store manager and offered her a severance agreement, which included a broad release of waivable claims including claims under Title…


Employers Must Pay For Short Rest Breaks

Employers Must Pay For Short Rest Breaks

California employers have long struggled with litigation regarding meal and rest periods; however, a recent case from Pennsylvania reveals they are not alone.  A Pennsylvania…








Temporary Workers Can Sue For Discrimination

Temporary Workers Can Sue For Discrimination

The Third Circuit has opened the door for temporary workers to bring discrimination actions against the companies in which they are temporarily placed. The Court…



Colorado-vacation-policy

Colorado Employers Vacation Policy

On October 19, 2015, Colorado’s Department of Labor and Employment, Division of Labor (CDLE) issued new answers to Frequently Asked Questions (“FAQs”) concerning the state’s…