The Second Circuit’s decision to reinstate the NFL’s four game suspension of Tom Brady has been in the news this week. To those of us who handle arbitration on a regular basis, it came as no surprise. However, employers who arbitrate cases pursuant to a collective bargaining agreement, or who have or are considering arbitration programs, should not be overly concerned.
On December 24, 2015, the NLRB ruled that an employer’s policy prohibiting employees from recording images or verbal exchanges in the workplace was unlawful.
I recently wrote about OSHA’s plan to develop and distribute information to ensure transgender employees have safe and adequate access to workplace restrooms. This week, OSHA issued “Best Practices - A Guide to Restroom Access for Transgender Workers,” with the stated Core Principle that “[a]ll employees, including transgender employees, should have access to restrooms that correspond to their gender identity.” The OSHA Guide notes the following:
When I think of Abercrombie & Fitch, which is an infrequent occurrence, I think of soft core porn catalogues and over-priced t-shirts; now, I can add religious discrimination to the list. The Supreme Court ruled this week against Abercrombie & Fitch for refusing to hire a young Muslim because she wore a hijab, which violated the store’s “look policy” for salespersons.
Unless you’ve been out of the country or purposely avoiding news about sports, you’ve probably heard a lot about “Deflategate” and the punishment handed down by the National Football League (NFL) against the New England Patriots and star quarterback Tom Brady. The short version of the scandal is that during the AFC Championship game on January 18, 2015, some of the New England Patriots’ game footballs were discovered to be underinflated, which could provide a competitive advantage to a quarterback by making them easier to grip.
The widely discussed Bruce Jenner interview has been a media sensation but for employers there are more important recent stories on transgender issues in the workplace. Last month, the EEOC issued a ruling that Title VII was violated by the Army when it refused to allow a transgender, male-to-female, civilian employee to use the women’s common restroom.
In a potentially important decision over workplace accommodations in an environment when telecommuting is more common, the Sixth Circuit ruled on April 10 that an employer does not need to permit an employee to work from home when an essential aspect of the employee’s position requires being in the office.
With the announcement of the April 24 release date for the long anticipated Apple Watch (http://www.cnet.com/products/apple-watch/), this is a good time for employers to consider the topic of wearable technology.
New Rules for Federal Contractors:
On December 3, 2014, the Department of Labor announced a Final Rule changing OFCCP’s regulations so that they prohibit discrimination based on, and require treatment of applicants and employees without regard to, sexual orientation or gender identity. These final rules were issued as a result of President Obama signing an executive order in July, 2014, extending workplace protections to lesbian, gay, bisexual and transgender (LGBT) Americans in the federal contracting workforce.
KMK's Management Rights Blog will focus on labor and employment law issues, developments, and musings. We will cover issues and developments in our home state of Ohio and beyond. We are management side lawyers and this blog will focus on the management perspective, which is often ignored or misrepresented in main stream press reporting of labor and employment law developments.
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- Older Workers' Benefit Protection Act (OWBPA)
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- Labor & Employment Law
- L&E Movie Reviews
- The Tom Brady Decision - Arbitration Lessons for Employers
- Employers Still Making OWBPA Mistakes
- NLRB DEALS ANOTHER BLOW TO COMMON EMPLOYER POLICY
- EEOC and OSHA Ask: Is Your Workplace Transgender Neutral? UPDATE
- Supreme Court Expands Employees’ Religious Accommodation Rights
- What Can Employers Learn From Deflategate?
- EEOC and OSHA Ask: Is Your Workplace Transgender Neutral?
- Sixth Circuit Sides With Management in Dispute Over Employee’s Request to Telecommute
- Wearable Technology – Should Employers Be Concerned?
- Gender Identity Requirements for Federal Contractors