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.
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.
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.
The Americans with Disabilities Act applies to all businesses with more than 15 employees, so small business leaders need to know what their fundamental obligations are under the law.
We’re living at a time when a unique convergence of trends is ensuring that autonomous vehicles will soon change life as we know it. The benefits are not without risk; cybersecurity is a chief concern.
Companies facing rapid growth may unwittingly set themselves up for legal problems down the road. Employers must review certain workplace policies when hiring a large number of employees in a short time, including non-compete agreements, employee handbooks and how to enforce the Americans with Disabilities Act (ADA) correctly.
In their bylined piece for mg Magazine titled “Workplace Drug Policies: What Can-A-Business Do?,” Danielle H. Moore and Nicole E. Stenoish discuss the evolving legal, societal and political changes surrounding cannabis that could create potential landmines for employers.
Autonomous vehicles have quickly moved from novelty items introduced by Silicon Valley tech companies to mainstream products under development by the traditional automakers.
In her bylined article for The Recorder titled “Pawternity Leave: Are Employers Barking Up the Wrong Tree With Pet-Based Leave?,” Los Angeles attorney Danielle Krauthamer examines the latest trend in employee leave: “pawternity” leave. Pawternity leave refers to paid time off for employees to transition to pet-owning responsibilities, to care for a sick pet, to grieve over a deceased animal, or even to participate in a pet adoption.
When an employee leaves the company, one of the final steps is to return all company-issued technology, like cell phones and laptop computers. While it may seem well within a leader’s job description to do a little snooping on the former employee, it’s really a violation of the Stored Communications Act.
In his bylined piece for QSR Magazine titled “Breaking Down the NLRB’s Proposed Overhaul to Joint Employment Rule,” Sacramento managing partner Alden J. Parker examines the National Labor Relations Board’s (NLRB) proposed rule that would alter the definition of joint employment. As Alden says, the rule, if adopted, would make it “more difficult for businesses to be held legally responsible for alleged labor and employment law violations by staffing companies, franchisees, and other related organizations.”
While it’s difficult for leaders to take a thorough and honest assessment of a company’s work culture, the rise of the #MeToo movement has made it a priority.
Before year-end, the Department of Labor (DOL) is expected to issue revised tip pooling regulations that will acknowledge the validity of tip-pooling arrangements. The DOL will address arrangements that involve non-customarily tipped employees where no tip credit is taken and provide guidance as to who is deemed a “manager” or “supervisor” under recent FLSA amendments.
Employers and safety professionals need to know which particular law applies to the specific "working conditions" and hazards in order to be in compliance.
Opening a new restaurant can mean opening the door for potential labor and employment legal risks. In his bylined article for FSR Magazine, “Labor and Employment Guidelines for New Restaurants,” Corey Goerdt discusses the many challenges that arise when opening a new restaurant, including overtime compensation, employing minors and verifying the legal status of employees.
Title IX mandates that federally funded educational institutions cannot discriminate on the basis of gender. Denver attorney Darin Mackender authors a Law Week Colorado article on employment discrimination claims.
In a bylined article for HR Executive Magazine, Marty Heller builds the case for why he thinks we are on the brink of a dramatic shift in the rules that govern pay transparency compliance.
In her bylined piece for L.A. Biz titled “Here's a roadmap to navigating background check laws,” Anet Drapalski examines the California laws on background checks and offers some guidance for employers to navigate the nuanced laws. Anet covers topics including investigative consumer reports, criminal history, and credit reports, explaining what each means and what employers must do to satisfy requirements.
In their bylined piece for SHRM titled “Should Employers Pick Up Slack?,” San Francisco Partner Collin D. Cook and Associate Caroline A. Pham look at the popular business-messaging application Slack and the potential workplace problems it may cause. Slack has changed how employees communicate, and Collin and Caroline state that it now presents “legal issues such as harassment and wage and hour concerns in new context.”
In their bylined piece for the San Diego Daily Transcript titled “No more #MeToo? 11 bills await Brown's signature,” San Diego Partner David Amaya and Associate Megan Walker examine the eleven sexual harassment-related bills that recently passed the California legislature and are currently awaiting action by Gov. Jerry Brown.
Sacramento attorney Katherine P. Sandberg, in her bylined article for The Recorder titled “SCOTUS Justices Feed Cake to Employers This Term,” looks at the Supreme Court’s recent decisions affecting employers. Katherine examines the Court’s decisions in Masterpiece Cakeshop, Encino Motorcars, Epic Systems, Digital Realty Trust and Janus and how each decision benefits employers.
Car dealers need to be aware that the “gig economy” has generated litigation regarding improper classification of independent contractors. In their authored article for Dealer Marketing Magazine, Houston attorneys Lariza Hebert and Stephen J. Roppolo discuss how, in certain circumstances, dealer-trade drivers may be independent contractors.
In a post-#MeToo world, it’s important for companies to reevaluate their workplace culture when it comes to sexual harassment and discrimination. In his bylined article for Commercial Appeal, Memphis attorney Rob Ratton outlines why policies alone are not enough to promote a zero-policy workplace.
- Fisher Phillips Partners Examine Sixth Circuit Court of Appeals Case That Calls into Question the Validity of Mine Act Citations9.7.18
Fisher Phillips partners Pamela Williams and Travis Vance explore a recent blockbuster decision by the Sixth Circuit Court of Appeals, calling into question the validity of citations under the Mine Act, in their article for Rock Road Recycle.
Attorneys Rich Meneghello and Melissa Osipoff authored an article for Law360 to help attorneys understand New York’s new regulations for riding-sharing companies.
In his bylined article for the Puget Sound Business Journal titled “Get up to date on pay equity or risk lawsuits,” Seattle attorney Thomas V. Vogliano looks at the recent updates to the Washington Equal Pay Act. The new updates to the act make it easier for employees to sue or file a complaint with the state over unfair pay gaps and prohibit any gender-based discrimination in providing compensation.
In her bylined piece for the Daily Journal of Commerce Oregon titled “After the Levee Breaks: Unions in a Post-Janus World,” Portland associate Lisa Vickery discusses how the U.S. Supreme Court’s recent decision in Janus v. AFSCME, Council 31 impacts unions.
California Gov. Jerry Brown recently signed Assembly Bill 2282 into law, a follow-up measure to the state’s salary history ban that went into effect on Jan. 1, 2018. The new law defines key phrases and provides further guidance to California employers.
In their bylined article for Athletic Business titled “How to Prepare for Workplace Investigations,” Irvine partner Mark Jacobs and San Diego associate Adam Sloustcher address how employers in the sports industry can prepare for workplace harassment investigations.
On the final day of the Supreme Court’s 2017-2018 term, the court issued its long-awaited decision in Janus v. AFSCME, Council 31, changing the labor law landscape as we know it.
In September 2018, Ohio will become the latest state to allow the use and sale of medical marijuana. When the law goes into effect, employers will need to be prepared for changes in workplace policies, including pre-employment and random drug testing.