Tag Archives: EEOC

Heed Those Warnings About EEOC Systemic Investigations!

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, discipline and discharge, EEOC, employer policies, government inspections, litigation | Tagged , , , , , , , , | Leave a comment

Everybody Agrees That We Need Better Wellness Programs? Correct?

My answer would be that “I’m not sure.”  An amazing number of employers agree that absent improved wellness initiatives, a graying less healthy workforce will break the corporate bank, so to speak.  Likewise, seemingly, we should all be able to … Continue reading

Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, wellness, workers comp | Tagged , , , , , , , , , | Leave a comment

You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions

Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim.  A locomotive machinist  was sent for examination and not allowed to return to work after being diagnosed with … Continue reading

Posted in ADA, discipline and discharge, EEOC, whistleblower/retaliation | Tagged , , , , , , , , | Leave a comment

Wash Your $!&# Hands! Employers and the Flu

The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading

Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Top Ten Ways To Hold A Company Party – Without Getting Sued

Top Ten Ways To Hold A Company Party – Without Getting Sued Date: December 3, 2012 By Michael Mitchell (Labor Letter, December 2012) With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties … Continue reading

Posted in construction, discipline and discharge, EEOC, employer policies, food processing, generational differences, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail, social media, Uncategorized, workplace violence | Tagged , , , , , , , , | Leave a comment

Free Webinar Making Predictions About Federal Agencies in 2013

While there remains some lingering uncertainty, the recent elections did lend some clarity to an evolving regulatory landscape. Now that the dust has settled, what can we expect from a second term for the current Administration? And with additional gridlock … Continue reading

Posted in aging workforce, concerted protected activity, construction, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, harassment, hospitality, manufacturing, NLRB, Patient Protection and Affordable Care Act of 2010, plastics, recruiting, retail, social media, Uncategorized, unions | Tagged , , , , , , , , , , | Leave a comment

Should An Employer Use Criminal Record Checks? Part 2

The post below is Part 2 of my law partner, Bert Brannen’s tips to safely using criminal record checks in the context of increased regulatory scrutiny. 3. Revise The Inquiries On Your Employment Application. The EEOC Guidance strongly discourages employers … Continue reading

Posted in construction, EEOC, employer policies, food processing, hospitality, manufacturing, recruiting, retail, Uncategorized | Tagged , , , , , | Leave a comment