In his byline article for QSR Magazine titled “Don’t Get Burned When Hiring Minors,” Irvine Partner Tyler Woods discusses how restaurants can stay in the clear when hiring individuals under the age of 18.
With aging workers retiring later than ever, there are now five generations working together in today’s modern workforce. From the Silent Generation to Generation Z, retailers are faced with unique challenges and pitfalls managing a multigenerational workforce.
With employees increasingly working well beyond 70 years of age, and new graduates entering the workforce every day, companies are facing a new set of challenges. For the first time, five generations of workers, with very different characteristics, values and goals, are now part of the same workforce.
A federal appeals court recently rejected a physician’s employment discrimination lawsuit against a hospital that revoked her privileges because it found her not to be an “employee” eligible to bring such a claim. The lessons to be learned from this decision might help organizations defend a similar claim in the future. In a contributed article in Health IT Outcomes, Ashby Angell outlines the case – Levitin v. Northwest Community Hospital – and what its outcome means for similar cases.
- Texas Employers Should Revisit Workplace Policies in Light of New Employment Laws, Houston Attorney Says8.29.19
Texas legislators passed a host of new and expanded employment laws during the 2019 legislative session.
San Diego Partner David B. Monks recently spoke with Capital Public Radio regarding California Assembly Bill 5 (AB 5) and its potential impact on the state’s healthcare workforce.
While, to many people, age only matters when it comes to wine and cheese, it is without doubt that age is becoming more of an issue in the workplace. There are more generations represented in the workforce than ever before.
With a recent advice memo, the NLRB general counsel’s office added to the growing guidelines for employers to use when crafting sound social media policies.
Independent contractors are often utilized in the construction industry due to short-term needs and the many trades associated with construction projects. In an authored article published by Construction Executive, Lariza Hebert discusses the “common law” test to determine if someone is an employee or a contractor.
While at-will employment is a foundational principle in most states, employers can run into trouble if they don’t recognize the limitations on the “myth” that either the employer or employee can terminate the employment relationship for any legal reason or no reason at all.
With up to five generations in the workforce today, employers need to be cognizant of the risk of age discrimination claims that could result from hiring or other employment decisions, as well as the risk of harassment charges arising from age-related comments or behavior.
In his bylined article for The Recorder titled “Legislative Six-Pack: California Employers Should Closely Monitor These Six Critical Bills,” Sacramento Of Counsel Benjamin M. Ebbink breaks down a handful of key employment bills that employers should be watching.
In his bylined article for Cascade Business News titled “Explaining Oregon’s Attempt to Rein in Restrictive Covenants,” Stephen Scott discusses HB 2992, a new law that adds another hurdle for Oregon employers seeking to enforce noncompetition agreements.
Ever wonder what the Occupational Safety and Health Administration (OSHA) would do if an employer refused to pay a fine? A recent Third Circuit Court of Appeals case shows that it’s not just the employer that needs to be concerned.
The growing national movement opposing vaccinations has, until recently, revolved around whether vaccines should be required for children to attend school. With the introduction of HB268 in the Ohio legislature, however, the debate has now come to the forefront for Ohio employers.
Despite best efforts to police employees and protect customers and business partners, chances are high that dealerships will have to investigate allegations of theft in the workplace. In a bylined article published in Auto Dealer Today, Tim Scott offers a five-step process dealerships can use to respond the next time an employee is accused of stealing, including utilizing the right people, allowing the accused to tell their side and gathering witnesses provide their own testimony.
Let’s face it: Your handbook is likely out of date, even if it has been updated in the past few years. Labor and employment laws have undergone, and continue to undergo, significant change. As a result, it is important for employers to periodically review and revise their employee handbooks to ensure their HR policies, practices, and procedures comply with applicable laws and other current obligations and requirements.
When drafted properly, employee handbooks are guidelines on your expectations, policies and benefits; it can be the cornerstone of your defense when an employee sues you for discrimination or other employment claims.
As auto dealers and many other business owners have discovered, the opioid crisis is having a significant impact on the American workforce.
Joining the ranks of several other states and local jurisdictions that have taken similar steps in the fight against pay disparity, Illinois will soon prohibit employers from asking job applicants about their salary history as part of the hiring process.
With employment laws in a constant state of flux, it is important for employers to periodically review and revise their employee handbooks to ensure that policies, practices and procedures comply with applicable laws and other current obligations and requirements. This is particularly important for multistate and multi-jurisdictional employers, because state and local employment laws and other regulatory authorities have radically changed during the last few years.
In his bylined article for the San Diego Daily Transcript titled “Using effective severance agreements to limit liability,” San Diego Partner David B. Monks explores how employers can cobble together effective severance agreements to limit their liability.
In two recent healthcare cases, disgruntled former employees insisted that they had suffered illegal discrimination and retaliation. The affected hospitals prevailed in appeals courts, however, by demonstrating that their articulated reasons for terminating the employees were both truthful and nondiscriminatory.
In her bylined article for the Carlsbad Business Journal titled “Social media and the workplace: Where to draw the line?,” San Diego Associate Patrice C. Nagle discusses how employers can stay up to date on the use of social media in the workplace. Patrice covers topics like pre-employment social media screening, digital addictions and necessary accommodations and digital wage and hour issues.
The National Labor Relations Board (NLRB) has relaxed its test for determining the legality of an employer’s anticipatory withdrawal of union recognition prior to the expiration of the collective bargaining agreement (CBA). In a contributed article for Workforce Magazine, Todd Fredrickson and Micah Dawson discuss a recent NLRB decision – Johnson Controls Inc. – that upheld an employer’s right to suspend bargaining and serve notice within 90 days prior to CBA expiration of its desire to withdraw recognition.
It is well-documented that ADA lawsuits are on the rise over the failure of websites to be compliant with the ADA. In his bylined article for the South Carolina Lawyer, Columbia attorney Phillips McWilliams examines recent court cases in the Fourth and Ninth Circuits that demonstrate the lack of guidance available to businesses seeking to ensure their websites and apps are compliant with the ADA.
The Chicago City Council recently approved what is likely the most expansive predictive scheduling law in the country. Business and labor groups came together with Chicago Mayor Lori Lightfoot’s staff and the city council to negotiate, draft, and approve the Chicago Fair Workweek Ordinance. The new law will soon mandate certain employers to give many lower-income employees advance notice of their schedules and face financial penalties for unexpectedly changing an employee’s shift.
In their bylined article for the Vancouver Business Journal titled “Noncompete bill presents new challenges for employers,” Catharine Morisset and Gulsah Senol discuss Washington’s new law that significantly restricts noncompetition agreements with both employees and independent contractors.
Over the last few of years, employee incentive programs have been under attack from the Department of Labor. However, the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) have undertaken their efforts against incentive programs in different ways.
Imagine you’re coaching a football team that has been thoroughly pummeled by the opposition and the game is just about over. You’re all set to admit defeat and head into the locker room when the referees signal out of the blue that you will get one more last-gasp chance to score and somehow salvage a win.
Noncompete reform continues to crop up in New England; three states – Maine, New Hampshire and Rhode Island – now prohibit employers from entering noncompetition agreements with low-wage employees, though the definition of “low wage” varies by state. In an article published in both Massachusetts Lawyers Weekly and Rhode Island Lawyers Weekly, Kevin Burns summarizes each state’s law, how they vary from each other – and from similar laws around the country – and what employers need to do now.
- Charlotte and Houston Partners Recommend Best Practices to Avoid Manager Statements Being Used to Support an OSHA Citation8.1.19
When an OSHA inspector shows up at a worksite, anything and everything a manager says to the official – from the moment of arrival to the time of departure – may be used against the company to support a citation.
Immigration and Customs Enforcement (ICE) continues to target hotels for I-9 audits and immigration raids.
Healthcare employees are nearly five times more likely than workers in other industries to be victims of workplace violence, which led OSHA to release guidelines for preventing violence. Despite OSHA’s emphasis, there is currently no specific OSHA standard addressing this.
To mark the 29th anniversary of the Americans with Disabilities Act (ADA), Philadelphia partner Rick Grimaldi partnered with Janet Fiore, CEO of The Sierra Group, to author an article for TLNT on how corporate teams can best work together to align workplace policies with the ADA’s vision of equality and inclusion.
In an effort to improve employee wellness, some employers have chosen to entice and incentivize employee participation by offering fitness trackers that track steps, workouts, physical location, heart rate, sleep cycles and other information. In an article for the Kentucky Association of Manufacturers’ magazine, The Goods, Louisville attorney Ashby Angell advises employers who implement programs using trackers to proceed with caution.
In his bylined article for The Recorder titled “Is Arbitration Past Its Prime?,” San Francisco Associate Anthony E. Guzman discusses the recent trend among employers to move away from arbitration. Anthony lists two main reasons for the trend: public pressure in the wake of the #MeToo Movement; and the rising cost of enforcing arbitration agreements.
Dallas employers with five or more employees will be required to provide their employees with paid sick leave beginning August 1, 2019. Employers with five or fewer employees must do so by August 1, 2021. The ordinance allows employees to use paid sick leave for many purposes, including the employee’s own or a family member’s physical or mental health reasons.
In the past, disqualifying potential employees based on past criminal convictions was just a routine aspect of the hiring process in workplaces across America. However, with recent “ban the box” legislation limiting – and in some cases outright prohibiting – employers from questioning prospective hires about past criminal convictions, prevailing attitudes toward disqualifying applicants based on past criminal convictions appear to be shifting.
The U.S. Supreme Court ruled Title VII’s administrative exhaustion requirement is a claim-processing rule, and not a jurisdictional bar to filing a lawsuit. Therefore, a federal court may retain jurisdiction over a discrimination claim even if an employee fails to allege the basis for such claim in her administrative charge.
In today’s workforce, many companies are increasing their use of independent contractors, subcontractors and temporary workers. Companies should bear in mind that although they may classify workers as independent contractors or as nonemployee temporary workers, OSHA may not agree with its assessment.
When done correctly, employee handbooks can be great tools for employers. But often employers treat them like a meal simmering in a crockpot: set it and forget it. Creating a handbook, particularly for employers in multiple states, is a major undertaking.
- Workplace Safety Attorneys Clarify Employers’ Rights to Be Present in an OSHA Walk-Around Inspection7.1.19
An employer has a right to guide the walk-around inspection when an OSHA compliance safety and health officer shows up at the workplace. Sometimes, however, multiple employers are present at a worksite.
In his bylined article for Life Science Leader, Philadelphia attorney Paul Greco outlines the important steps employers should take to ensure their restrictive covenants survive internal corporate reorganizations to protect important interests like their goodwill and confidential information.
In May, the Trump administration released its 2019 Unified Agenda of Federal Regulatory and Deregulatory Actions, in which employment and workplace practices were the focus of a number of proposed regulations; each could impact the maritime industry.
Autonomous vehicle technology will completely change life as we know it. Because AVs need to communicate with each other, cybersecurity needs to be a top concern for companies selling and utilizing AVs.
When the Social Security Administration revived its practice of issuing “no-match letters” in March 2019, more than half a million employers, including many in the healthcare industry, were informed that some employees’ Social Security numbers don’t match official records.
- Cleveland Attorneys Spotlight Workers Compensation Insurance Gaps that Expose Employers to Injury Lawsuits6.25.19
Employers and the risk management community generally think of workers’ compensation as the exclusive remedy for injured employees. The truth is that state legislatures and the courts have, over time, allowed employees to bypass the workers’ compensation system and bring lawsuits directly against employers for workplace injuries. Exceptions to employer immunity have created significant gaps in employer insurance coverage.
Multi-employer worksites are a frequent occurrence in the construction industry as employees from various companies often occupy the same site while a project is being completed. While the need for employees from different companies may be necessary to perform the various tasks required by a project, the presence of multiple employers, and their employees, on the same worksite can result in an increased risk of safety hazards.
The opioid crisis is having a significant impact on the workforce. For employers, the result can be lost productivity, increased absenteeism and positive drug tests, workplace theft, a greater risk of workplace injuries and higher healthcare costs.