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Submitted URL: http://quirkyemploymentquestions.com/
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Submission: On June 07 via manual from US — Scanned from DE
Effective URL: https://www.quirkyemploymentquestions.com/
Submission: On June 07 via manual from US — Scanned from DE
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Skip to content Quirky Questions * Search for: * Home * Disclaimers * About * Dorsey’s L&E Practice * Submit a Quirky Question * Home * Disclaimers * About * Dorsey’s L&E Practice * Submit a Quirky Question Search for: QUIRKY QUESTIONS Real Life Employment Law VIEW TOPIC View Topic Select Category _Featured Age Discrimination Disability Discrimination Discipline and Discharge Family and Medical Leave Act (FMLA) Investigations Leave Issues Religious Discrimination Sexual Harassment Wage and Hour Issues _Other Associational Discrimination At Will Employment Attorney-Client Privilege Background Checks Banking Industry Group California Questions Class and Collective Actions Common Law Claims Criminal Conduct Defamation Drug & Alcohol Use EEOC Employee Handbook / Policies Energy Industry Group Food & Agriculture Industry Group General Health Care Industry Group Independent Contractors International Employment Law Labor Law Litigation Issues Mining Industry Group Misappropriation of Trade Secrets Montana Law Negligence P3D Industry Group Post-Employment Restrictive Covenants Privacy Rights Retaliation Sex Discrimination Social Media Unemployment Benefits Wellness and Benefits Whistleblower Claims Workplace Violence Arbitration Hiring Immigration National Origin Discrimination Pregnancy Discrimination Privacy Race Discrimination Workers’ Compensation A NEW QUESTION EVERY WEEK Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent. This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce. We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines. * Stephen D. Bell Partner Office Phone: (303) 629-3405 Colorado and Missoula Offices * Michael Droke Partner Office Phone: (206) 903-8709 Seattle Office * Joseph W. Hammell Partner Office Phone: (612) 340-7897 Minneapolis Office * Sarah Andrews Herman Partner Office Phone: (701) 271-8883 Fargo Office * Ryan E. Mick Partner Office Phone: (612) 492-6613 Minneapolis Office * William J. Miller Partner Office Phone: (515) 699-3281 Des Moines Office * Melissa Raphan Partner Office Phone: (612) 343-7907 Minneapolis Office * Gregory M. Saylin Partner Office Number: (801) 933-8927 Salt Lake City Office * Gabrielle Wirth Partner Office Phone: (714) 800-1455 Southern California and Missoula Offices * David C. Singer Partner Office Phone: (212) 415-9262 New York Office BLOG CONTACT INFO E: Wirth.Gabrielle@dorsey.com P: 714.800.1455 SHOULD EMPLOYERS WHO MAINTAIN AN ONGOING PRACTICE OF PAYING WORKERS SEVERANCE BENEFITS IMPLEMENT A FORMAL WRITTEN ERISA PLAN TO GOVERN THE AWARD OF SEVERANCE? June 6, 2023 by Nick Pappas & Victoria del Campo Following the Federal Reserve’s interest rate increases and the resulting volatility in the stock markets, economists and government officials continue to debate whether the country will experience a hard or soft landing, or no landing at all.1 While some sectors of the economy remain strong, others have begun to see layoffs.2 In the face of this uncertainty, employers facing the... VIEW ALL POSTS ABOUT: General THE GENERAL COUNSEL FOR THE NATIONAL LABOR RELATIONS BOARD (“NLRB”), JENNIFER ABRUZZO, HAS RECENTLY ISSUED TWO MEMORANDUMS SIGNIFICANTLY CHANGING HOW EMPLOYERS MUST DRAFT SEPARATION AGREEMENTS AND OPINING ON THE ENFORCEABILITY OF NONCOMPETITION AGREEMENTS. CAN SHE DO THAT? June 2, 2023 by Rebecca Bernhard, Jack Sullivan, Katie Ervin Carlson & Flossie Neale Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to note that certain provisions of the NLRA apply to all employers, not only those that currently have unions or are facing union election petitions.... VIEW ALL POSTS ABOUT: Labor Law, Post-Employment Restrictive Covenants EEOC, OTHER FEDERAL AGENCIES SET THE PACE FOR EMPLOYERS USING AI IN THE WORKPLACE May 18, 2023 by Melonie S. Jordan & Jack Sullivan It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace – including adopting AI in human resources (HR) processes in the workplace. But, employers and HR departments should keep pace with federal... POSTED IN California Questions, EEOC, Employee Handbook / Policies, Litigation Issues, Privacy, Privacy Rights THE NLRB REVERSES COURSE (AGAIN) ON EMPLOYEE OUTBURSTS AND PROTECTED CONCERTED ACTIVITY May 17, 2023 by Rebecca Bernhard, Jillian Kornblatt, Josh Hughes & Flossie Neale What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?” In many cases, employers can follow their own policy and impose discipline if appropriate. But, where profanity and heated outbursts come up in the context of complaints about the terms and conditions of the employee’s job, the... VIEW ALL POSTS ABOUT: At Will Employment, Discipline and Discharge, Labor Law, Workplace Violence BACK TO THE PAST: IN-PERSON DOCUMENT INSPECTION FOR I-9 FORMS RESUMES May 11, 2023 by Rebecca Bernhard, Ieva Aubin, Katie Ervin Carlson, Sonseere Goldenberg, Mike Sevilla & Michelle Micetic The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is ending employers’ ability to remotely inspect I-9 documents on July 31, 2023. Employers will have an additional 30 days, until August 30, 2023, to ensure that all required physical inspection of identity and employment eligibility documents is completed. All U.S. employers must complete a form I-9 for every... VIEW ALL POSTS ABOUT: Uncategorized WHAT INFORMATION IS OFF-LIMITS FOR UTAH EMPLOYERS UNDER THE NEW VACCINE AND IMMUNITY PASSPORT RESTRICTIONS ACT? April 13, 2023 by Matt Durham & Josh Hughes The Utah Legislature recently passed, and the Governor signed, The Vaccine and Immunity Passport Restrictions Act (“the Act”). This bill prohibits the use of vaccination or immunity status in public accommodations, governmental entities, and for employment decisions. Utah now follows Montana in prohibiting employment discrimination based on vaccine status. With such a small number of states taking this approach—and with... VIEW ALL POSTS ABOUT: General WHAT ISSUES SHOULD EMPLOYERS CONSIDER BEFORE USING AUTOMATED DECISION-MAKING SYSTEMS IN THE WORKPLACE? April 4, 2023 by Nick Pappas & Colin Seaborg Employers using automated decision-making systems, including artificial intelligence, algorithms, machine learning, and other tools (collectively, “ADMs”), in connection with employment decisions are on the precipice of a drastically changed landscape concerning such use. The Equal Employment Opportunity Commission (“EEOC”) is preparing to issue its final strategic enforcement plan addressing the use of ADMs in employment. Additionally, states and localities are... VIEW ALL POSTS ABOUT: General CAN EMPLOYERS REQUIRE EMPLOYEES TO ACCEPT CONFIDENTIALITY AND NON-DISPARAGEMENT OBLIGATIONS IN EXCHANGE FOR SEVERANCE PAY? March 2, 2023 by Rebecca Bernhard, Jack Sullivan, Katie Ervin Carlson, Jennifer Service, Victoria del Campo & Flossie Neale Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual employees. In such circumstances, employers may seek to offer severance pay in exchange for certain releases and promises by the departing employee requiring a severance agreement. The drafting of... VIEW ALL POSTS ABOUT: Employee Handbook / Policies, General, Labor Law, Post-Employment Restrictive Covenants WHAT ISSUES SHOULD BUSINESS BUYERS CONSIDER WHEN DRAFTING NON-COMPETE AGREEMENTS WITH THEIR SELLERS TO COMPLY WITH CALIFORNIA LAW? February 1, 2023 by Nick Pappas & Erica Chen Buyers of all or parts of another business often seek to protect the value of their investments by entering into non-compete agreements with their sellers. Courts typically favor enforcement of such sale-of-business non-compete agreements in order to protect buyers from unfair competition from sellers, and to protect the business’s goodwill for which the seller has paid as part of the... POSTED IN California Questions NEW YORK’S EXPANDED WHISTLEBLOWER PROTECTION LAW: WHAT CHANGED IN 2022? December 21, 2022 by Krista Bolles Sweeping amendments to New York’s whistleblower law took effect in 2022. The law was amended to provide significantly greater protection from retaliation for individuals who raise concerns of employer wrongdoing. The amended New York Labor Law § 740 is now one of the broadest and most powerful whistleblower laws in the U.S. How has New York’s whistleblower law changed? New... POSTED IN Retaliation, Whistleblower Claims * * Next Page » Follow: * * * * * ABOUT Published by attorneys in Dorsey’s Labor & Employment practice group, the Quirky Questions blog addresses the unanticipated and unconventional employment questions. Our goal is to help executives, managers, in-house counsel, and human resources professionals construct an appropriate response and devise a creative solution to the problem presented. SUBSCRIBE TO BLOG VIA EMAIL Leave this field empty if you're human: SEARCH Search for: POPULAR TOPICS * Age Discrimination * Disability Discrimination * Discipline and Discharge * Family and Medical Leave Act (FMLA) * Investigations * Leave Issues * Race Discrimination * Religious Discrimination * Sexual Harassment * Wage and Hour Issues OTHER TOPICS Select topic Arbitration Associational Discrimination At Will Employment Attorney-Client Privilege Background Checks Banking Industry Group California Questions Class and Collective Actions Common Law Claims Criminal Conduct Defamation Drug & Alcohol Use EEOC Employee Handbook / Policies Energy Industry Group Food & Agriculture Industry Group General Health Care Industry Group Hiring Immigration Independent Contractors International Employment Law Labor Law Litigation Issues Mining Industry Group Misappropriation of Trade Secrets Montana Law National Origin Discrimination Negligence P3D Industry Group Post-Employment Restrictive Covenants Pregnancy Discrimination Privacy Rights Retaliation Sex Discrimination Social Media Unemployment Benefits Wellness and Benefits Whistleblower Claims Workplace Violence EDITORS Erica Chen Erica is an associate in the Costa Mesa office of Dorsey & Whitney and a member of the firm’s Labor and Employ... Katie Ervin Carlson Katie helps employers make day-to-day decisions that are legally sound and that reduce the potential of fu... Jennifer Service Jen has experience providing advice on the full range of employment law issues to large, multi-state employers.... Jack Sullivan Jack is a Partner in Dorsey’s Labor & Employment group, where he focuses his practice on employment adv... AUTHORS Ieva Aubin As an employment and business immigration attorney, ... Rebecca Bernhard Rebecca's experience spans traditional labor... Michael Droke Mike started his career as a client, not a lawyer... Matt Durham Matt defends employers in Utah and throughout the ... Aaron Goldstein Aaron is a Partner in Dorsey’s Labor & Employ... Josh Hughes Josh’s experience spans trial and appellate advoc... Jillian Kornblatt Jillian is a Partner in Dorsey’s Labor & Employ... Laura Lestrade Laura began practicing at Dorsey in 1992 and has s... Jessica Linehan Jessica is a Partner in the Labor and Employment gr... Ryan Mick For more than a decade, Ryan has counseled corpo... Nick Pappas Nick litigates and counsels with respect to com... Melissa Raphan Melissa is a Partner in Dorsey’s Labor and Employ... Gabrielle Wirth Employers turn to Gabrielle for guidance on how they... DISCLAIMER By accessing the Quirky Questions blog, you are requesting information. The information you are requesting is not legal advice, advertising or solicitation. Transmission and receipt of the materials on the blog do not constitute legal advice, establish an attorney-client relationship, or create any duty of Dorsey to any reader. An attorney-client relationship with Dorsey may be established only by an engagement letter signed by a Dorsey lawyer. Information sent to Dorsey by persons who are not clients of the firm is not subject to any duty of confidentiality on the part of the firm. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date, and may not reflect the most current legal developments. The opinions expressed on the blog are the opinions of the authors only and not those of Dorsey. ATTORNEY ADVERTISING Some of the content on this blog is considered Attorney Advertising under the applicable rules of certain states. Results depend on a number of factors unique to each matter. Prior results do not guarantee a similar outcome. PRIVACY POLICY STATEMENT The privacy policy statement is set out at Data Privacy | Dorsey. LATEST POSTS * Should employers who maintain an ongoing practice of paying workers severance benefits implement a formal written ERISA plan to govern the award of severance? * The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums significantly changing how employers must draft separation agreements and opining on the enforceability of noncompetition agreements. Can she do that? * EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace * The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity * Back to the Past: In-Person Document Inspection for I-9 Forms Resumes * What Information is Off-Limits for Utah Employers Under the New Vaccine and Immunity Passport Restrictions Act? * What issues should employers consider before using automated decision-making systems in the workplace? * Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay? * What Issues should Business Buyers Consider when Drafting Non-Compete Agreements with their Sellers to Comply with California Law? * NEW YORK’S EXPANDED WHISTLEBLOWER PROTECTION LAW: WHAT CHANGED IN 2022? 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