Business, Employment, & Labor Law Blawg

Review and Revise Your Handbook Before the NLRB Does it for You

Skip Sperry September 5, 2015Blog Leave a Comment

I recently re-reviewed the NLRB General Counsel’s March 18, 2015 Memorandum regarding lawful and unlawful employer policies. I found the Memorandum even more disturbing after my second review. The National Labor Relations Board has been actively reviewing and ruling on the legality of both union and nonunion employers’ employment policies. Most of the rulings deal with whether the policies violate employees’ Section 7 rights under the NLRA and focus largely on the following topics:

Rules regarding confidentiality;

OSHA Proposes a Rule “Clarification”

Skip Sperry August 13, 2015Blog Leave a Comment

On July 29, 2015, OSHA proposed to amend its recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness; the duty does not expire just because the employer fails to create the necessary records when first required to do so.

The DoL Proposes Changes to the “White Collar Exemptions”

Skip Sperry July 1, 2015Blog Leave a Comment

Yesterday, on June 30, 2015, the U.S. Department of Labor released proposed rule changes that would affect whether certain individuals are entitled to overtime under the Fair Labor Standards Act. The most used exemptions from overtime are referred to as the “white collar exemptions” and exempt many managers, administrators, and professionals from entitlement to overtime if they are paid on a salary basis and at least certain weekly amounts. The current weekly salary threshhold that must be met to qualify for these exemptions,

Sperry Law Has Moved to the Hoff Building

Skip Sperry May 15, 2015Blog Leave a Comment

We have moved our offices to the Hoff Building in downtown Boise on 8th and Bannock in Suite 204. Drop by for a visit if you’re in the area!

EEOC Sues FedEx for Disability Discrimination

Skip Sperry October 10, 2014Blog Leave a Comment

In a press release, today, the EEOC announced that it has sued shipping giant FedEx for discriminating against deaf and hearing-impaired employees. The charges accuse FedEx of:

Failing to provide needed accommodations such as American Sign Language (ASL) interpretation and closed-captioned training videos during the mandatory initial tour of the facilities and new-hire orientation for deaf and hard-of-hearing applicants;
Failing to provide such accommodations during staff, performance, and safety meetings; and
Refusing to provide needed equipment substitutions and modifications for deaf and hard-of-hearing package handlers,

Proposed Rule Prohibits Federal Contractor Discrimination Against Workers Who Discuss Their Pay

Skip Sperry September 15, 2014Blog Leave a Comment

Excerpted from the Department of Labor news release:

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced a proposed rule that would prohibit federal contractors from maintaining pay secrecy policies. Under the terms of the proposal, federal contractors and subcontractors may not fire or otherwise discriminate against any employee or applicant for discussing, disclosing or inquiring about their compensation or that of another employee or applicant.

“Workers cannot solve a problem unless they are able to identify it.

President Obama Signs Executive Order Prohibiting Sexual Orientation & Gender Identity Discrimination

Skip Sperry July 22, 2014Blog Leave a Comment

Yesterday, July 21, 2014, President Obama signed an Executive Order which amends prior Executive Orders 11246 and 11478. The amendments expand discrimination protection for federal government employees and contractors, prohibiting discrimination based upon sexual orientation and gender identity. While this Order does not apply to private employers who don’t have qualifying federal contracts or subcontracts, it is similar to the several city ordinances in Idaho that offer protection on the basis of sexual orientation and gender identity.

EEOC Updates Pregnancy Discrimination Act Guidance

Skip Sperry July 15, 2014Blog Leave a Comment

On July 14, the Equal Employment Opportunity Commission updated its guidance for the enforcement of the Pregnancy Discrimination Act (“PDA”). The PDA is an amendment to Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of pregnancy in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment. The new guidance reflects the liberal approach the EEOC is taking with regard to gender discrimination and also its enforcement of the Americans with Disabilities Act (“ADA”).

Idaho Supreme Court Upholds Denial of Unemployment for Facebook Posts

Skip Sperry June 27, 2014Blog Leave a Comment

Talbot v. Desert View Care Center (June 20, 2014)

Joseph Talbot worked at Desert View Care Center as a nurse and was discharged due to a Facebook post that Desert View found violated its Social and Electronic Media Conduct Policy. Talbot applied for unemployment benefits, and the Idaho Industrial Commission concluded that Talbot engaged in employment-related misconduct, denying him benefits. Talbot appealed to the Idaho Supreme Court, arguing that Desert View never communicated its Social Media Policy to him.

U.S. Supreme Court Upholds D.C. Appeals Court Ruling in Noel Canning

Skip Sperry June 26, 2014Blog Leave a Comment

This morning, the United States Supreme Court issued its long anticipated decision in Noel Canning. It upheld the D.C. Court of Appeals decision that President Obama’s three recess appointments to the National Labor Relations Board (Richard Griffin, Sharon Block, and Terence Flynn) were invalid appointments. As discussed in an earlier article, this could potentially invalidate hundreds of NLRB decisions issued during the time the Board did not have a sufficient number of legitimate members to create a valid quorum.

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