In their bylined piece for Hotel Management titled “How to avoid workplace retaliation claims,” Los Angeles Partner Nathan Okelberry and Associate Rayan Naouchi discuss the increase in workplace retaliation claims and how employers can avoid these claims altogether. Nathan and Rayan encourage employers to ensure they have strong anti-retaliation and whistleblower protection policies in place.
Title III of the Americans with Disabilities Act (ADA) prohibits public places, like restaurants and retail stores, from discriminating against disabled persons with the goods and services they offer – even online.
In her bylined article for Autonomous Vehicle Technology titled “The liability hot potato: who’s to blame in the age of autonomous vehicles?,” Anet Drapalski discusses potential liability for employers who own or lease AVs for employee travel or business purposes.
Voters in Michigan have now given recreational marijuana its first toehold in the traditional Midwest, as the movement has moved from the coasts and mountains. With an expected 300,000 U.S. jobs in the marijuana industry by 2021, employers need to understand their potential obligations under the NLRA and the employees’ potential right to join unions.
In what is becoming an annual warning, lawsuits under the Fair Credit Reporting Act are again on the rise. Whether brought against consumer reporting agencies for reporting inaccurate or outdated information or employers for failing to satisfy disclosure and notice requirements, FCRA litigation increased by 4 percent from 2017.
Laws and regulations related to tip-pooling were ever-changing in 2018. It is important to understand the background of the tip rule changes to get a better grasp on the current state of the law and what the restaurant industry can expect moving forward.
Los Angeles Partner Andrew J. Hoag discusses the new California law on sexual harassment training requirements in his bylined article for California Ag Net titled “New Law Requires California AG Employers to Provide Sexual Harassment Training.”
The Illinois House of Representatives and Senate voted in 2018 to override Illinois Governor Bruce Rauner’s veto of proposed changes to the Illinois Equal Pay Act, meaning that employers will soon be required to comply with new set of pay equity obligations.
A federal appeals court recently found an applicant’s request for a religious accommodation was not a protected activity under Title VII when establishing a retaliation claim.
In his bylined article for the Daily Journal titled “SB 1402: Joint liability for port trucking customers,” Benjamin Ebbink reviews California SB 1402, which established joint and several liability for customers who contract with or use port drayage motor carriers who have unpaid wage, tax and workers’ compensation liability. The bill took effect Jan. 1, 2019.
In her bylined article for the San Diego Daily Transcript titled “An 'eye for an eye' can get an employer sued,” Miranda Watkins discusses California law on workplace retaliation, why employers should care and what to do when the EEOC gets involved.
Construction company executives, owners and employees who work on publicly funded construction projects should have a general understanding of prevailing wage laws.
The Occupational Safety and Health Administration (OSHA) announced in 2018 that inspectors are now authorized to use drones to collect evidence during inspections in certain workplace settings.
Key employment law issues are on legislators’ dockets in 2019. In an article for Thinking Bigger Business, Jim Holland outlines the topics – from minimum wage to overtime for white-collar workers to increasing ICE investigations – that are likely to get lawmakers’ attention, and potentially affect employers, in the year ahead.
Supervisors cannot afford to lose sight of their substantial legal duties in complying with the Americans with Disabilities Act (ADA); managing employees’ needs for accommodation, including requests for leave, presents continuous challenges.
In an article for Rock Road Recycle, partners Pamela Williams and Travis Vance outline OSHA’s top 10 most frequently-cited violations for fiscal year 2018.
In their bylined article for Today’s General Counsel titled “How a No-Rehire Agreement Unraveled,” Irvine Partner Usama Kahf and Associate David Rashe examine the Ninth Circuit decision in Golden v. California Emergency Physicians Medical Group, discussing the legality of no-rehire clauses in settlement agreements.
In his bylined piece for the Daily Journal of Commerce Oregon titled “Five takeaways from Oregon’s new pay equity regulations,” Portland attorney Stephen Scott looks at the key takeaways from the latest wave of updates from the Oregon Equal Pay Act of 2017.
New Jersey recently enacted a statewide mandatory paid sick leave law, requiring all employers in the state to provide up to 40 hours of paid sick leave per year.
In an article for FSR Magazine, Atlanta attorney Corey Goerdt walks through the long list of food safety guidelines and rules that restaurants must follow to pass health inspections. Couple these with the cornucopia of changing occupational safety laws and regulations to keep up with, and some restaurants inevitably fall short.
As the year is winding down, companies are preparing for 2018 group health plan reporting obligations and 2019 open enrollment for next year’s medical benefits.
In February 2016, an employee of Mar-Jac Poultry was injured while trying to repair an electrical panel. Because the employee was hospitalized, Mar-Jac reported the injury to OSHA, resulting in an OSHA inspection team being dispatched to the facility to investigate further.
Over the past several years, there has been an onslaught of ADA lawsuits against companies based on alleged inaccessibility of websites.
In their bylined piece for L.A. Biz titled “What you need to know about California's new lactation accommodation law,” Los Angeles Partner Sarina Saluja and Associate Marianna Bertikian discuss Assembly Bill 1976, which, beginning Jan. 1, requires companies in California to ensure appropriate accommodations for breastfeeding employees.
While it may sound like they’re in charge, captains may not actually be supervisors of their own ship crews, according to the National Labor Relations Board.
The Texas Legislature does not officially convene until Jan. 8, 2019. But during the week of Nov. 12, Texas lawmakers got off to a furious start and submitted more than 600 bills to be considered during the 2019 legislative session. In the 2017 session, Texas legislators filed more than 10,000 bills and resolutions, of which approximately 10 percent became law. If 2017 is any indication, these early submissions are only a taste of the thousands of bills sure to be filed ahead of the March 8, 2019, bill-submission deadline.
Missouri voters’ approval of medical marijuana on Election Day 2018 raised questions about how the new law will affect the state’s workplaces.
In their bylined piece for the Daily Journal titled “Mistletoe and #MeToo: Work holiday party best practices,” San Diego partner David B. Monks and associate Megan E. Walker offer advice for employers for planning work holiday parties in the wake of new sexual harassment laws going into effect in CA.
In her bylined piece for the Puget Sound Business Journal titled “Before holiday hiring, know the rules around temp labor,” Catharine Morisset explains the rules for hiring temporary labor around the holidays. She notes that the busy holiday season and a tight labor market creates fierce competition for temporary workers.
In his article for Cascade Business News titled “‘Twas the Night Before the Office Holiday Party…,” Portland attorney Stephen Scott reviews the top eight tips for employers to consider when planning holiday parties.
Overturning 40 years of precedent, the Tenth Circuit Court of Appeals has ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit.
In his bylined piece for Seattle Business Magazine titled “ICE Turns up the Heat,” Davis C. Bae discusses what employers must do to be prepared for immigration audits. Davis notes that ICE has increased I-9 audits and worksite raids in 2018 and that employers may be fined if they do not fulfill their immigration compliance obligations.
In Texas, Austin and San Antonio passed ordinances requiring mandatory paid sick leave for workers employed by private employers.
Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. In an article written for HR Professionals Magazine, Sue Schaecher details the significance of Lincoln v. BNSF Railway Company, Inc.
Recent court opinions illustrate the dangers of failing to take an employee’s complaints of harassment by a patient seriously.
- Employers Should Consider Incorporating and Enforcing Mandatory Class Action Waivers, Says Houston Attorney11.30.18
Certain employment practices common to the health care industry – including rounding employees’ start and stop times, individuals working for different facilities within the same time period and failing to correctly compensate workers for travel time or mandatory training attendance – may make employers vulnerable to wage and hour collective action claims.
E-scooters began appearing in cities about a year ago and now operate in more than 125 U.S. cities. But what if an employee gets injured or injures someone else, while using an electric scooter for business purposes?
As the fashion industry gears up for blockbuster holiday sales, employers looking for seasonal workers must review their hiring practices and legal obligations to mitigate potential risk.
In a bylined article for SHRM, New Jersey partner Kathleen McLeod Caminiti and associate Sarah Wieselthier remind employers to consider pay equity as they wrap up performance reviews, dole out bonuses and bump up base pay.
Employers in New York City will likely soon face more stringent laws related to nursing mothers expressing milk in the workplace. On Oct. 17, 2018, the New York City Council passed a package of bills, dubbed the Mother’s Day bills, aimed at helping mothers and children.
The intersection of maritime law and employment law is a unique one; unlike most U.S. business and industry employers, maritime employers deal with historical maritime law that can conflict with or supersede employment law.
In the Daily Journal article titled “New law requires California employers to accommodate lactation,” Sacramento attorney Benjamin M. Ebbink discusses Assembly Bill 1976, which requires employers to make reasonable efforts to provide a room “other than a bathroom” to accommodate an employee to express breast milk in private. While the previous California law stated employers had to provide a room “other than a toilet stall,” bathrooms will no longer cut it as of Jan. 1, 2019.
In his bylined piece for The Recorder titled “What Will a Governor Newsom Mean for California Employers?,” Sacramento attorney Benjamin M. Ebbink offers a preview into what California employers can expect under Governor-elect Gavin Newsom. In his article, Ben reviews some of Newsom’s previous comments and campaign statements to shed some light on the course he may take on labor and employment issues.
In the Law360 article titled “Top 10 Employer Takeaways From Midterm Election Results,” Portland partner Richard R. Meneghello and Sacramento of counsel Benjamin M. Ebbink offer their take on what the midterm election results mean for employers going forward.
In his bylined article for Law360, Sacramento attorney Benjamin Ebbink discusses the struggles elected officials and policymakers face as they figure out how to respond to employment challenges posed by the adoption of autonomous vehicles.
Incidents of employee defection where an employee takes confidential trade secrets can very quickly escalate into aggressive cease and desist demands, a run up the courthouse steps, and intense litigation.
In her bylined article for Corporate Compliance Insights titled “ACA Penalties are Coming,” Irvine attorney Melissa Shimizu offers a look into the types of penalties facing employers for noncompliance of Section 4980H(b) of the Affordable Care Act. Melissa explains the different types of penalties and when they may be assessed against employers, as well as the guidelines and timing for challenging and appealing a penalty.
When an employee’s conduct is not consistent with the company’s expectations, leadership should take action to appropriately address the problem behaviors.
Halloween celebrations can be helpful for injecting fun and bonding colleagues in the workplace.
Los Angeles Regional Managing Partner Todd B. Scherwin has been recognized as a finalist for the Los Angeles Business Journal’s “Leaders in Law 2018” awards.
Over the past two years, numerous programs granting work authorization to foreign nationals have been targeted for rescission, including the Deferred Action for Childhood Arrivals (DACA) program.
In his bylined article for the Daily Journal titled “Perseverance pays off for employer in class action litigation,” Irvine partner Christopher Ahearn discusses how J.B. Hunt Transport’s perseverance in dealing with protracted litigation resulted in a win, where the court ruled – eight years after the case commenced – that the plaintiffs’ wage claims were not manageable in a class action setting, thus decertifying the class.