By September 30, 2019, employers with 100 or more employees are required to submit pay data for 2017 and 2018 to the Equal Employment Opportunity Commission.  This submission is known as the Component 2 EEO-1 survey, and covered employers should have received both an email notification and a letter providing their UserID which is needed to access the online filing system for the EEO-1. Background Under the Obama administration, the EEOC proposed a series of…

As discussed in a prior post , the National Labor Relation Board (NLRB) continues to target certain employee work rules and policies, including employee handbook provisions, as running afoul of the National Labor Relations Act (NLRA).  Although the current NLRB has reversed several previous NLRB decisions regarding handbook policies, the line between permissible policies and those found to interfere with and chill employee rights to engage in protected concerted activity remains blurry at best. In…

Businesses constantly search for ways to protect their competitive advantages, customer relationships, confidential business information and trade secrets.  Non-competition agreements (which often include confidentiality provisions) are usually part of those protection efforts.  Despite the belief of many employers (and employees) that these non-competition agreements are unenforceable and not worth the paper they’re written on, they are both enforceable and extremely valuable when properly drafted.  Attorneys, however, are often asked to revise or pursue enforcement of…

In helping employers with their written employment policies, we are often asked whether it is necessary to have a policy regarding employees’ use of cell phones for work purposes while driving.  The answer, as is often the case, is “it depends.”  If your employees drive as part of their job or commonly use their cell phones for work purposes while driving, then your company should address cell phone use while driving in a written policy. …