When Wendy’s International LLC created its employee handbook, the company probably never imagined it would become the poster child for what not to do. Yet the National Labor Relations Board (NLRB) has held up Wendy’s efforts as an example of illegal, overbroad rules and regulations in violation of federal labor laws.
Considering some alarming recent practices, employers need to understand current U.S. Equal Employment Opportunity Commission (EEOC) actions and trends and what areas may leave them particularly vulnerable to scrutiny.
For employers, a growing number of legal cases demonstrates the challenges with maintaining a safe, efficient workforce amidst the increasing number of states that have legalized medical and recreational marijuana.
Navigating the Fair Labor Standards Act (FLSA) has always been a challenge for employers. The FLSA is a comprehensive national statute governing how to properly pay employees, and it has only gotten more complicated in recent years.
When employees curse excessively in the workplace, or even a little bit, some companies may want to use their own “f-word” — as in “firing.” Others may barely notice, and some may not want to deal with it. Yet employers need to carefully consider their responses to profane and obscene language in the workplace.
When California Gov. Jerry Brown recently signed legislation requiring paid sick days for millions of workers across the state, he declared it a victory for employees. While Brown touted the benefits of the new law for employees, the California Chamber of Commerce named it one of the state’s top “job killers.”
Tattoos, piercings, suggestive clothing, and other employee wardrobe choices can present sticky issues for employers. While companies generally have wide latitude to create and enforce dress codes, they may face unexpected landmines if they don’t plan ahead and consider the implications of their dress codes policies, or lack thereof.
NLRB actions and court decisions have taken the issue of joint employers, independent contractors, and leased employees far beyond a single industry. These changes could profoundly impact the liability and responsibility companies have regarding contractors and contingent employees.
In keeping with his promise of a “year of action” during this year’s State of the Union address, on July 31, President Obama signed an executive order — entitled Fair and Safe Workplaces — that vastly extends the federal government’s enforcement reach over private federal contractors’ employment policies.