It seems like everyone has an opinion on NFL players taking a knee. It’s the topic of every Sunday football party and every column in the labor law industry—yes, labor law. As an HR manager, this is a topic to stay on top of when it comes to legal consequences for employers. This week, we’re reviewing taking a knee, a Starbucks class-action lawsuit, and a federal judge’s ruling on a state sex-offender registry.
In this opinion piece by the New York Times, the writer takes a deeper look into the NFL controversy of players taking a knee during the national anthem. Legal experts discuss how labor law may be on the side of the players, stating that three conditions must be met to be protected by federal labor laws: “An employee’s action must be conducted in concert with co-workers, it must address an issue of relevance to their job, and it must be carried out using appropriate means.” Read the article in the Times to learn more about how labor law is intertwined with the issue.
A recent ruling by a federal judge declared Colorado’s Sex Offender Registration Act unconstitutional, which could change the way the public may access the list. The judge found that the act violates the cruel and unusual punishment clause of the Eighth Amendment of the U.S. Constitution and due process rights guaranteed by the 14th amendment. The ruling applied only to the three men in the case, but the ruling could lead to a more universal impact.
A class action lawsuit claims that Starbucks has been depriving employment applicants of their right under the FCRA to explain erroneous background check reports. The suit also alleges that the company fails to satisfy several mandatory disclosure requirements. This is one of many FCRA-related background-check class action lawsuits filed against large corporations in recent years. HR managers should ensure they are 100-percent compliant with the FCRA.
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