News

A secretary at the V.A. in Pennsylvania claimed the V.A.'s county director repeatedly hugged her from behind, massaged her shoulders, touched her face, tried to kiss her on the lips, sent her sexually explicit e-mails, and grilled her about where she took lunch breaks and with whom.

Similar incidents with two other employees were reported, but his supervisor only issued a verbal reprimand with no follow-up or documentation about the incidents or the reprimand.

As part of its new Sex Harassment Omnibus bill, California employers have a year to provide sexual harassment training to all employees, starting January 1, 2019, and again every 2 years thereafter.

California law currently requires 50+ employers to train supervisory employees. The new law requires training every 2 years: 2 hours for supervisors and 1 hour for non-supervisory employees

Training for new workers must happen within 6 months of hire. (side note: New York State just backed off of this requirement, among other changes).

Based on preliminary data released by the EEOC, 2018 is shaping up to be significantly more actionable and much more expensive for employers on the sex harassment front:

• In 2018, the EEOC filed 66 harassment lawsuits, 41 of which alleged sex harassment. - Compared to 2017, that's already a more than 50 percent increase in sexual harassment claims filed. - Expect those numbers to rise.

New York also Mandates Sex Harassment Training: EVERY employer in New York State must provide new hire and annual sexual harassment prevention training for ALL employees.

To help employers comply, New York state just published model policies, compliance forms, and training requirements for employers to use. See link in comment.

Training that meets state minimum standards must be done by January 1, 2019. Thereafter, employees must be trained at least annually or within 30 calendar days of starting their job, even if they were trained by prior employers and even if they're only part time, casual, or temporary.

The NLRB ruled that In-N-Out committed unfair labor practices by maintaining and enforcing a policy prohibiting pins and stickers on uniforms and by requiring an employee to remove his "Fight for $15" button advocating a higher minimum wage.

In-N-Out appealed the NLRB's decision, arguing the right to protect its public-image. The 5th Circuit didn't buy it, ruling that In-N-Out failed to show a connection between its uniform policy and the company's interests in excellent customer service and keeping a "sparkling clean" environment.

The EEOC has sued Oceanic Time Warner Cable (Spectrum) in Hawaii, claiming that customer service reps at their Mililani offices were subject to an illegal leave policy and refusals to discuss additional leave as possible accommodations for disabilities.

Once an employee exhausted FMLA leave, the Company refused to engage in the interactive process to discuss whether accommodations like additional leave could be provided. Instead, employees were uniformly told they would be discharged if they could not return to full duty.

Starting Jan. 1, 2019, all Delaware employers with 50+ employees must provide sexual harassment prevention training. Applicants and contractors are not counted in determining the 50+ employee count and need not be trained. Employees working less than six months need not be trained either. The employee harassment training provided must:

1. Be interactive and focus on sexual harassment prevention,
2. Be completed within one year of a new employee starting work, or by Jan. 1, 2020 for existing employees.

EEOC sues Private Club in San Diego Club, for Egregious Sex Harassment:  The general manager of the Fairbanks Ranch Country Club allegedly subjected female workers to a long list of serious no-nos:

• asking for nude pics
• grabbing buttocks,
• trying to kiss them

The IRS just approved one employer's offer to make extra 401(k) contributions to employees who use part of their salaries to paying down student loans. See https://lnkd.in/gKzM_vk

The specific program approved by the IRS promises to make year end 401(k) contributions equal to 5 percent of an employee's salary for employees who contribute at least 2 percent of their salary toward their student loans in a year.

Every 7 years or so, the NLRB changes its position on whether employers must allow those with work-related access to use company computers and networks to send and receive union-related emails. 

Most recently, in Purple Communications, Inc., 361 NLRB 1050 (2014), the Board held that employees with work-related access to company email can also use that email during non-work times to send/receive emails protected by Section 7 of the NLRA.  That includes emails about union grievances, organizing campaigns and any other discussion about terms and conditions of employment.