By Robert Bowes with Alex Jones A recent point of emphasis for the National Labor Relations Board (“NLRB”) has been to ensure that employment handbooks comply with the National Labor Relations Act (“NLRA”). It has become the NLRB’s standard practice to examine...
Content By mark.manning
Marijuana and the Ohio Workplace
Legal Marijuana and the Workplace – Tensions Ohio Employers May Soon Face By Alex E. Jones Many believe that nationwide decriminalization of marijuana is inevitable, and soon. Until then, states that have legalized marijuana confront federal law to the contrary, and...
EEOC Conciliation Efforts Subject To (Limited) Judicial Review
On April 29, 2015, a unanimous United States Supreme Court held in Mach Mining, LLC v. EEOC that the Equal Employment Opportunity Commission’s (“EEOC”) pre-lawsuit conciliation efforts with an employer are subject to judicial review. However, the Court also found that...
EEOC Criticized on Background Checks
On February 20, 2015, a unanimous United States Court of Appeals for the Fourth Circuit affirmed in EEOC v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2015) that an expert’s report and testimony offered by the Equal Employment Opportunity Commission (“EEOC”) was...
EEOC and Unsure Future for Employee Wellness Plans
On November 3, 2014, the U.S. District Court for the District of Minnesota rejected a request for a preliminary injunction and allowed Honeywell International, Inc. to move forward with its corporate employee wellness plan, including the plan’s financial disincentives...
A Cantankerous Person With ADHD Is Not Disabled Under The ADA
The Americans with Disabilities Act (“ADA”) forbids discrimination against a “qualified individual on the basis of disability.” If the employee has a mental or physical condition that substantially limits a major life activity, the employee is disabled. In 2008,...