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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, www.davisbrownlaw.com/IowaEmploymentLaw.




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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 »

 

Health Law Blog: Court Strikes Down Tax Credit Provision for Low Income Americans Participating Through Federal and Federal/State Partnership Exchanges - July 22, 2014

This morning the United States Court of Appeals for the District of Columbia ruled the IRS' interpretation of a key ACA provision is invalid. Read More »

 

Employment Law Blog: Pregnancy Discrimination & The Accommodation Debate - July 17, 2014

On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act's interaction with the ADA and other laws. Read More »

 

Employment Law Blog: You Can Take this Handbook and Shove It! - June 27, 2014

A recent Nation Labor Relation Board decision leaves many asking who's the boss in a California Hooter's Restaurant. Hooter's advertises its services as delightfully tacky; however, the NLRB has given the staff permission to be as saucy as their wings. If upheld by the Board, this decision could undermine an employer's ability to have written policies against insubordination. Read More »

 

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