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Davis Brown Employment and Labor Law Blog

The Davis Brown Employment and Labor Law Blog provides Iowa human resources directors and employers with the latest on employment law matters, including the FMLA, ADAAA, civil rights, PTO, unemployment claims and more.  Learn more about Davis Brown's Employment Law and Labor Relations Department,

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U.S. Supreme Court Rules on ERISA Reimbursement Case - January 20, 2016

The decision handed down today by the U.S. Supreme Court in Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan could have a great impact on health insurance plans, but also reinforces the importance of attorneys following time tested practices in cases involving ERISA law. Read More »


Will A Court Think You Are Naughty or Nice This Holiday Season? - December 2, 2015

Religious discrimination cases have been all over the headlines in 2015. The most recognizable case involves Kim Davis, the Kentucky county clerk who refused to issue marriage licenses in protest of the legalization of same-sex marriage. Read More »


National Labor Relations Board Decision Erases 30 Years of Joint Employment Precedent - September 18, 2015

The recent NLRB decision in Browning-Ferris Industries of California Inc. et al. v. Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, erased 30 years of precedent on joint employment. Read More »


Is Your Employee Handbook a Liability Shield or a Welcome Mat? Don't Let the NLRB Be the Center of Attention - April 21, 2015

Employers, attorneys, and human resource managers are bewildered at the National Labor Relations Board's ("NLRB") recent memo issued March 18, 2015. Instead of putting the entire spotlight on the NLRB, here are five employee handbook essentials. Read More »


New Rules for Union Election Procedures are In Effect - April 15, 2015

The National Labor Relations Board's controversial rule to speed up the union election process took effect Tuesday, despite Congressional and legal challenges. The new rules could generate an increase in organizing activity and representation petitions as unions take advantage of the new framework. Read More »


It's Not What You Say, It's How You Say It: The NLRB and Employee Manuals - April 3, 2015

An employee manual can be your best friend or your worst nightmare in litigation. A well-written manual can provide clarity, consistency and enhance employee communication. A poor policy can rise up like a late night movie monster and send you running for cover. Alternatively, those great, but unenforced policies can be wonderful for plaintiff's counsel as she uses a laser pointer on the big screen to point out every inconsistency or missed opportunity for "fairness" to the jury. Read More »


Sorry, Honey! What's Mine is Not Yours. - February 19, 2015

In Iowa, an employer directs medical care in an accepted workplace injury and may lawfully deny treatment unrelated to the injury. In a recent case, Hoyt v. Wendling Quarries and United Heartland, treatment was found unrelated to the injured worker. Read More »


Drug Testing: Dot Every "i" and Cross Every "T" - February 3, 2015

It seems unlikely that anyone who could pass a drug test would disagree that Iowa's drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing, is a strict liability statute. In other words, as an employer, you have to dot every "i" and cross every "t," understand all the rules and follow them precisely, or you are in trouble. Read More »


Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale - January 27, 2015

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt Disney, Co., that there is an issue of material fact as to whether or not Disney violated the Fair Credit Reporting Act ("FCRA" found at 15 USC § 1681 et seq). Read More »


Employment Law Blog: Going Viral - Why You Need to Add a No-Recording Policy to Your Handbook - December 9, 2014

It's not just the Millennials who are obsessed with documenting every aspect of their lives. Everyone does it. Smart phones make it incredibly easy to snap pics, video, slo-mo, or time lapse every minute of our lives. This modern day smart phone effect extends further than just our personal lives. Employees have their phones on them at work, and pressing "record" is as easy as ever. Read More »


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