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ten most recent federal employment law articles Ten Most Recent Federal Articles

Does Your Company Need an Affirmative Action Plan?

Nexsen Pruet • April 27, 2017
Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national origin. To ensure that obligation is met, certain contractors are required, by EO 11246 and related laws, to prepare and maintain an Affirmative Action Plan (AAP). An AAP is a comprehensive, written self-auditing document that generally requires detailed and complex statistical analyses regarding the makeup of the contractor’s workforce and its efforts to proactively recruit, hire, train, and promote women, minorities, disabled individuals, and veterans to ensure that all such individuals have equal opportunities in employment.

Licensed Medical Marijuana Caregiver’s Termination For Selling Drugs At Work Was Not Age Discrimination

Jackson Lewis P.C. • April 27, 2017
A federal court in Michigan dismissed the age discrimination claim of a licensed medical marijuana caregiver who was terminated in connection with an investigation into drug activity at work. Henry v. Outback Steakhouse of Fla., LLC, No. 15-cv-10755 (E.D. Mich. April 18, 2017).

Employer Guidance on Mental Health Disorders

Goldberg Segalla LLP • April 27, 2017
According to the National Alliance for Mental Illness, one in five US adults experiences mental illness in a given year. In a recent article authored by PL Matters contributor Dove A.E. Burns, the “prevalence of these disorders has a significant impact upon the workplace and upon employers and their accommodation policies and procedures.” The New York Law Journal article evaluates the EEOC’s publication titled “Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights.” The article also considers what the EEOC’s guidance means for employers navigating the ADA landscape.

NLRB Ruling on Joint Employers Should be Reversed, Congressional Republicans Urge

Jackson Lewis P.C. • April 27, 2017
Two years after the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), which overturned 30 years of precedent, 57 members of Congress, mostly Republicans, supported by business owner advocacy group Workforce Fairness Institute, are urging the Subcommittee on Labor, HHS & Education Committee on Appropriations “to include a one-year hold on the NLRB’s harmful and confusing definition of joint employers [in Browning-Ferris] in the FY18 Labor, Health and Human Services, Education, and Related Agencies Appropriations legislation.” In a letter dated April 5, 2017, to the subcommittee Chairman and Ranking Member, the 57 legislators cited a report by the U.S. Chamber of Commerce that warned the decision will result in decreased business values, increased operational and legal costs, less growth, and fewer jobs.

Federal Court Blocks Portion of Trump’s Executive Order Denying Federal Grants to Sanctuary Cities

Jackson Lewis P.C. • April 27, 2017
Once again, a U.S. District Court has blocked part of one of President Donald Trump’s Executive Orders – the January 25th EO “Enhancing Public Safety in the Interior of the United States.”.

Simplifying Employee Performance Feedback Documentation

Nexsen Pruet • April 27, 2017
Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes, changes in pay, schedule changes, and layoffs. An accurate record of performance problems greatly assists employers (and their counsel) in defending decisions to take disciplinary action based on poor performance when that employee later complains that a decision was unfair, illegal, or discriminatory. However, an employer’s human resources representative is not usually on the front lines of this task. Busy supervisors are the ones typically responsible for documenting employee performance issues and providing feedback.

Second Circuit Upholds NLRB Order Finding Derogatory Facebook Post Protected Under the National Labor Relations Act

FordHarrison LLP • April 27, 2017
xecutive Summary: On April 21, 2017, the United States Court of Appeals for the Second Circuit in National Labor Relations Board v. Pier Sixty, LLC, enforced an order of the National Labor Relations Board (NLRB) finding that an employee did not lose the protections of the National Labor Relations Act (Act) by posting a derogatory comment about his supervisor on Facebook while encouraging his co-workers to vote for the union in an upcoming election and in concluding that the employer violated the Act by discharging the employee. The Court of Appeals stated that the employer “failed to meet its burden of showing that Perez's [the employee’s] behavior was so egregious as to lose the protection of the NLRA under the Board's ‘totality-of-the-circumstances’ test.”

OSHA Interviews: Understanding and Exercising Your Rights

Goldberg Segalla LLP • April 26, 2017
Section 8(a) of the Occupational Safety and Health (OSH) Act of 1970 authorizes OSHA to inspect workplaces “during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner.” While employers have some level of protection since the mandate specifically states the word “reasonable,” more specific rights exist—and should be exercised—at all stages of an OSHA inspection, including before, during, and after the interview process.

OSHA Launches Campaign on Young Worker Safety

Jackson Lewis P.C. • April 26, 2017
Promoting the message, “Young workers! You have rights!” the Occupational Safety and Health Administration has launched a campaign on workplace safety among youth workers.

Mine Safety Agency Issues Alert to Prevent Fall Accidents

Jackson Lewis P.C. • April 26, 2017
The Mine Safety and Health Administration has issued a safety alert on preventing accidents at mines from miners falling.