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Keeping You Posted

Recent developments in employment and labor law
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hkastrinsky

Howard Kastrinsky

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Chris Barrett


Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Employers: New I-9 Form for New Hires

Monday, 28 November 2016 10:58


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As of November 14, 2016, the U.S. Citizenship and Immigration Services issued a new Form I-9.  Use of this version will be required starting January 21, 2017.  Employers may begin using this form now for all new hires. 

   

Title VII claims failed due to failure to immediately report harassment

Monday, 28 November 2016 10:37


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During his employment, an employee was teased by male co-workers about the employee’s alleged interest in a female coworker. The teasing was in the form of jokes, which the employee reported to his human resources department. An investigation was performed and it was ultimately determined that the jokes did not amount to sexual harassment but the employee was directed to report any further incidents of harassment to human resources “immediately.” The employee was reassigned to a new team and experienced additional harassment. First, he was poked in the buttocks, then he was slapped in the buttocks on two separate occasions and lastly, he was grabbed between his legs. All of these incidents were performed by the same male coworker over approximately a ten-day period. The employee told his coworker to stop but did not report any of those incidents until a few days after the last incident. 

   

U.S. Supreme Court to consider whether hangman’s noose creates racially hostile work environment in violation of Title VII

Friday, 28 October 2016 10:36


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An employee was a senior HVAC mechanic at a university in California, when a hangman’s noose was placed in a maintenance warehouse. The employee was an African-American man and his supervisor was not. When he and another African-American coworker discovered the noose, the employee felt intimidated, harassed, and threatened. The employee said the university acknowledged that the operational noose was hung by his supervisor, whom he already knew to harbor discrimination against African-Americans. The employee claimed that the action created a racially hostile work environment in violation of Title VII.

   

Court finds picketing includes posting signs in parked cars

Tuesday, 20 September 2016 10:08


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A union and a telecommunications provider entered into a collective bargaining agreement. In the agreement, the union waived its members’ right to picket, which is a right that the members otherwise would possess under the National Labor Relations Act (NLRA). During a subsequent labor dispute, the union members displayed pro-union signs in cars that were parked on company property and lined up the cars so that passers-by would see the signs. In response, the company ordered employees to stop displaying the signs. The union workers complied but filed an unfair labor practices charge with the National Labor Relations Board (NLRB). 

   

Termination for failure to meet pre-established standards did not violate the FMLA

Tuesday, 09 August 2016 08:16


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An employer’s decision to terminate an employee for failure to comply with internal record keeping policies while on medical leave did not violate the Family Medical Leave Act (FMLA) according to the Eighth Circuit Court of Appeals. 

   

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