Urine screening is a fairly common test for many employers. But as is true for most personnel issues – beware the ultimatum. Kmart learned this lesson the hard way — EEOC v. Kmart Corporation et al., Civil Action No. 13-cv-02576. The story as set forth in the Complaint sounds very typical. Applicant applies for job,… More
Is A Company Responsible for its Employee’s Social Media Posts?
Question- Can your customer sue you if your employee disparages him? Short Answer- Yes! Just ask Hertz Rent-A-Car, as it was recently sued by a customer alleging negligent supervision, training, and retention. The customer alleged that Hertz breached its duty by allowing employees to use a Hertz computer to post disparaging comments on Facebook that… More
You Cannot Fire for Talking Wages
It seems like common sense — if you don’t want your employees distracted by money talk, just ban them from discussing how much they make with their co-workers. Right? Well, as per usual, common sense is not consistent with the National Labor Relations Act (NLRA). In order to be legally protected, an employee’s communication must… More
If It’s “Not a Good Fit” — Know Why
We all know that chemistry can be crucial to the success of any team. And sometimes job candidates glow on paper, but through the interview process the employer gets a good sense that the candidate just won’t “fit in” with the rest of the team. Is a vague sense of “bad fit” a sufficient basis… More
Costco Pays the Cost: Employment Manual Treated as Contract
Federal and state laws set the minimum standards for work environments. It is not unusual, however, for companies to maintain policies that go beyond the minimum standards required by law in order to attract and retain a competitive workforce. While such policies may be a good faith effort to ensure a desirable work environment, employers are… More
Another Maryland County Bans the Box
Prince George’s County is the latest Maryland County to hop on the Ban the Box bandwagon. Starting January 20, 2015, employers with at least twenty-five full-time employees in Price George’s County (MD) are prohibited from asking an applicant about his or her criminal record until the conclusion of the applicant’s first interview. Once the Council’s… More
Unions Get Access to Company Email under Purple Communications – Companies See Red
Section 7 of the National Labor Relations Act (the “NLRA”) guarantees employees “the right to self-organization, to form, join, or assist labor organizations… and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” In Purple Communications, Inc., 361 NLRB No. 126 (2014), the National Labor Relations… More
Shulman Rogers’ Most Recent Employment Alert
Employment Law Alert MONTGOMERY COUNTY AND D.C. “BAN THE BOX” Montgomery County is the latest local jurisdiction to “ban the box.” Montgomery County’s law prohibits private employers from making inquiries about an applicant’s criminal record on an employment application or through another medium (such as a consumer reporting agency) until the conclusion of the applicant’s… More
Amazon’s Hush Policy Is No Good Under the NLRA
Amazon recently reached a settlement with the National Labor Relations Board (“NLRB”) in which it agreed to rescind certain work rules that prohibited workers from sharing compensation information. Amazon’s former policy prohibited employees from discussing wages and other terms and conditions of employment –a violation of the National Labor Relations Act. Interestingly, although Amazon has… More
Jury Room becomes War Zone for AutoZone: Jury renders $185 Million Verdict Against Company for Pregnancy Discrimination
Last week, the jury in Juarez v. AutoZone Stores, Inc. (S.D. Cal. 2012), awarded a former employee $872,000.00 in compensatory damages and $185 million in punitive damages due to pregnancy discrimination she suffered at AutoZone. Plaintiff claimed that her supervisor told her he felt sorry for her when she told him she was pregnant. Soon… More