BELLO / WELSH LLP: WORK LAW BLOG

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Inflexible Leave Policies – EEOC Position is Clear Despite Court’s Disagreement

On June 30, 2014, the Equal Employment Opportunity Commission touted its recent agreement with Princeton HealthCare System to settle litigation challenging PCHS’s “inflexible” leave of absence policy under the Americans with Disabilities Act. According to the press release published by the EEOC, PHCS maintained a fixed leave policy whereby employees were terminated if they were […]

NLRB Invalidates Overbroad “No Gossip” Policy

Over the past few years, the National Labor Relations Board has expanded its sphere of influence into the non-unionized workplace.  In the guise of preserving workers’ rights under Section 7 of the National Labor Relations Act (which includes the broad right to engage in concerted activities for the purpose of collective bargaining or other mutual […]

EEOC Publishes New Guidance on Religious Garb and Grooming in the Workplace

By Leigh C. Tinmouth The EEOC recently published a question-and-answer guidance (“Guidance”) regarding religious garb and grooming in the workplace. The EEOC, through the Guidance, states that, in most instances, employers covered by Title VII must make exceptions to their usual rules or preferences to permit applicants and employees to follow their religious dress and […]

President Obama Directs DOL Secretary Perez to Revise Overtime Rules

Today President Obama directed the Secretary of Labor to “begin the process of addressing overtime pay protections to help make sure millions of workers are paid a fair wage for a hard day’s work and rules are simplified for employers and workers alike.”  In particular, the President directed Secretary Perez to focus on the so-called “white collar” […]

EEOC Issues Report on Social Media in the Workplace

Did you know that social media is part of today’s workplace but its use may raise employment discrimination concerns?  According to an EEOC press release issued on March 12, experts tell EEOC that use of social media by employers, applicants and employees may implicate the laws EEOC enforces.  Not to be sarcastic, but the only thing newsworthy […]

HR Manager’s Remarks Regarding Nature of Hiring Process May Help Employee Establish Discrimination Case

Written by Alexandra D. Thayer (posted by Martha Zackin) On November 12, the Payroll Fraud Prevention Act of 2013 (S. 1687) was introduced in the United States Senate.   The bill, which would amend the Fair Labor Standards Act, seeks to impose new rules and penalties relating to misclassification of employees as independent contractors.  The changes […]