Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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“Newly Minted” NLRB Majority Begins to Roll Back Decisions of the Obama Board

 “Newly Minted” NLRB Majority Begins to Roll Back Decisions of the Obama Board

By W. Terrence Kilroy and Henry J. Thomas

In two recent developments, the “new” National Labor Relations Board (“NLRB” or the “Board”), which includes two Members nominated by President Trump, has commenced the anticipated roll back of decisions and procedures rendered by the previous Administration’s NLRB. 

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San Francisco Publishes “Best Practices” Checklist as New Lactation Ordinance Becomes Effective January 1, 2018

San Francisco Publishes “Best Practices” Checklist as New Lactation Ordinance Becomes Effective January 1, 2018

By Garrett C. Parks

Earlier this year, we reported that the San Francisco Board of Supervisors passed legislation to assist working mothers by requiring employers to provide additional accommodations for lactation. On January 1, 2018, the Lactation in the Workplace Ordinance (the “Ordinance”) takes effect. The City of San Francisco’s Office of Labor Standards and Department of Public Health (collectively, the “City”) has published sample forms and guidance for employers to consider when preparing such policies.

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Proposed Department of Labor Rule Revising Tip Pooling Rules

Proposed Department of Labor Rule Revising Tip Pooling Rules

By Robert J. Hingula and Latrice Nicole Lee

On December 4, 2017, the Department of Labor (“DOL”) proposed a rule that will rescind the 2011 regulation prohibiting restaurants, bars, and other service industry employers from requiring front-of-house employees, such as servers, to share tips with back-of-house workers, such as cooks and dishwashers. 

The current rule does not require tipped employees to share their tips with non-tipped employees; however, the proposed rule, which was first announced in July, will allow employers to require tipped employees to split tips with their co-workers. “The proposal would help decrease wage disparities between tipped and non-tipped workers,” the DOL said in a statement Monday. 

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NLRB General Counsel Releases First Memorandum, Signals Significant Policy Shift

NLRB General Counsel Releases First Memorandum, Signals Significant Policy Shift

By Sara J. Robertson

On December 1, 2017, the newly appointed National Labor Relations Board (“NLRB”) General Counsel, Peter Robb, issued a memorandum styled GC Memorandum 18-02 (the “Memorandum”), which provides insight into his likely agenda as General Counsel. While the Memorandum is relatively brief, it suggests that Mr. Robb may seek to revisit some of the policy decisions rendered by President Obama’s NLRB. 

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Between a Rock and a Hard Place – Maximum Leave Policies and the ADA

Between a Rock and a Hard Place – Maximum Leave Policies and the ADA

By Gillian McKean Bidgood

Medical leaves pose operational and legal challenges for employers. As we have previously addressed, those challenges multiply when the employee’s medical leave stems from a workplace injury and workers’ compensation laws are added to the employer’s compliance challenges. Indeed, such injuries can result in the employee seeking leave for an indefinite amount of time. To avoid the uncertainty and difficulties caused by employee absences of indefinite duration, some employers have implemented a “maximum leave” policy – a policy that limits the total amount of leave (from all laws and policies) that an employee can take in a given period of time. However, even a very generous maximum leave policy could violate the Americans with Disabilities Act (ADA), as some courts have held that extended leave can be considered a “reasonable accommodation” of an employee’s disabling condition. Similarly, the U.S. Equal Employment Opportunity Commission has taken the position that “maximum leave” policies are subject to exceptions in the interactive process and that an employer should reasonably accommodate an employee seeking an exception unless doing so will cause an undue hardship. Below are three steps that an employer can take to reduce the risk of an ADA violation when implementing a “maximum leave” policy.

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