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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OSHA announces changes to Electronic Recordkeeping Rule

OSHA announces changes to Electronic Recordkeeping Rule

By: Bill Robbins

In the waning days of President Obama’s Administration, the Occupational Safety and Health Administration (“OSHA”) announced sweeping changes to its recordkeeping rule, originally to be effective January 1, 2017, which contained a heightened emphasis on injury reporting and anti-retaliation protections.  We wrote about those changes in our Blog on August 4, 2016, which can be accessed here.

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Austin Mandatory Paid Sick Leave Ordinance: The First of Many in the Lone Star State?

Austin Mandatory Paid Sick Leave Ordinance: The First of Many in the Lone Star State?

By: Lon Williams and LaToya Alexander

On February 15, 2018, Austin became the first city in Texas to adopt a mandatory paid sick leave ordinance (the “ordinance”).  To prepare for compliance, Texas employers with employees in Austin will want to review the ordinance’s requirements

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Bag Inspection Policies Should Inform Employees to Remain On-The-Clock

Bag Inspection Policies Should Inform Employees to Remain On-The-Clock

By: Stephanie Delatorre

On January 10, 2018, the Northern District of California certified a state-wide class of non-exempt hourly employees who allege that they were not fully compensated for all time spent submitting to their employer’s bag inspection requirements. (Heredia v. Eddie Bauer, LLC, January 10, 2018, Freeman, B.). 

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Fighting Back: FMLA Fraud and Abuse

Fighting Back: FMLA Fraud and Abuse

By: Stan Hill

The Family and Medical Leave Act requires employers with 50 or more employees to permit eligible employees to take covered unpaid medical or caregiver leave. How can an employer respond when an employee approved to take FMLA leave is later suspected of taking FMLA leave for an improper purpose, such as to moonlight at another job,  go on vacation, or  avoid undesirable work assignments?

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Cleared for Take-Off: NLRB Establishes New Balancing Standard for Evaluating Handbooks and Workplace Policies

Cleared for Take-Off: NLRB Establishes New Balancing Standard for Evaluating Handbooks and Workplace Policies

By: Lilian Doan Davis

Recently, we reported that the “new” National Labor Relations Board (“NLRB” or the “Board”) has commenced the anticipated roll back of decisions and procedures rendered by the Obama Administration’s NLRB. On Friday, December 15, 2017, the NLRB issued another important decision with far-reaching implications for all employers.

 In Boeing Company, 365 NLRB No. 154 (2017), the NLRB established a new standard for evaluating whether workplace rules, policies, or employee handbook provisions unlawfully interfere with employees’ exercise of rights under Section 7 of the National Labor Relations Act (“NLRA”). Under the new standard established in Boeing, the NLRB will balance the impact an employer’s proffered rule may have upon an employee’s Section 7 rights to engage in protected concerted activity against the employer’s business justification for the rule. 

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