Tag Archives: employees

Employers must face it: Face covering requirements growing across states and municipalities

As we have previously reported, several states, including New Jersey, New York, Connecticut and Pennsylvania, now require employees, customers and/or the public to wear face coverings.  As we have also written about, in other states, like California, local governments are leading the way.  For example, Bay Area counties Sonoma, Marin, San Francisco, San Mateo, Alameda, … Continue Reading

TUPE service provision change – look at what is going on ‘on the ground’, as well as the contract

In the recent case of Lorne Stewart plc v Hyde and others, the EAT made clear that it is important not to get side-tracked by the details of formal written contracts which are in place between the parties before and after a potential TUPE transfer, if such details do not reflect reality. Rather, it is essential … Continue Reading

NLRB Forbids “Do Not Discuss” Warnings to Employees During Confidential Investigations

  NLRB holds that employer’s practice of requesting employees to keep internal investigations confidential violates the NLRA.   The National Labor Relations Board ("NLRB" or "Board") is at it again, this time finding that an employer’s policy prohibiting employees from discussing ongoing investigations of employee misconduct infringes upon employees’ Section 7 rights in violation of … Continue Reading

Transgender Protection Under Title VII Announced by EEOC

In an April 20, 2012 decision, the Equal Employment Opportunity Commission (“EEOC”) solidified its intended protection of transgender employees under Title VII of the Civil Rights Act of 1964. The EEOC made it clear that an employer that discriminates against an employee or applicant on the basis of that person’s gender identity violates Title VII’s sex … Continue Reading

Service provision changes: UK EAT gives guidance on the meaning of an “organised grouping of employees”

In the case of Eddie Stobart v Moreman & Others the Employment Appeal Tribunal (EAT) has provided welcome guidance on the meaning of “organised grouping of employees” for the purposes of a “service provision change” under regulation 3(3)(a)(i) of the Transfer of Undertakings (Protection of Employees) Regulations 2006 (“TUPE”). A group of employees who happened to … Continue Reading
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