As we enter 2020, companies should be aware of any new and revised labor and employment laws impacting Colorado employers.
In an article for the Akron Legal News, Cleveland partners Jeff Smith and Melissa Dials address the changes to state and federal laws that Ohio employers should be on the lookout for in 2020.
In today’s tight job market, what happens when a company loses a high-level employee to a competitor and that employee was not subject to a noncompete agreement? In an article for Law360, partner Bob Robenalt discusses that in these types of situations courts in many jurisdictions will apply what is known as the inevitable-disclosure doctrine.
A recent article in Craft Brewing Business discusses workers’ union contracts within the craft brewing industry.
- Florida Attorneys Pen Article on Workplace Bills to be Presented During State’s 2020 Legislative Session1.6.20
The Florida legislature convened on Jan. 14, 2020, and this session, several employment bills could impact employers across the Sunshine State.
In 2019 the construction industry saw a number of changes in laws and regulations that directly impacted the workplace.
Employers have learned a lot during the last two years of the #MeToo movement, but even with all that employers are doing right, men and women still struggle with how to interact in the workplace. In an article for Crain’s Cleveland, Brittany Brantley and Lauren Tompkins provide guidance for employers on how to effectively manage the impact of the #MeToo movement in the workplace.
The Kentucky Pregnant Workers Act (PWA) was signed into law in 2019 and took effect on June 27th of that same year. In an article published in the Winter 2019 issue of The Goods, Katherine Garbarino explained that the law requires covered employers to provide reasonable accommodations to pregnant workers who have limitations related to pregnancy, childbirth or related medical conditions, unless doing so would impose an undue hardship.
- Can – And Should – Kentucky Employers Make Decisions Based on a Person’s Potential Future Disability?1.1.20
The Americans with Disabilities Act (“ADA”) expressly protects individuals who are or are regarded as disabled or who have a record of disability. A more recent question with regard to the ADA is: are people who are not currently disabled and do not have a record of disability – but are perceived as being at high risk of developing a disability in the future – protected under the ADA? That question is not yet resolved, but in an article published in the Winter 2019 issue of The Goods, Paul Goatley cautions that making employment decisions based on potential future disabilities is not without risks for employers.
In her byline article for The Recorder titled “No-Rehire Provisions Are No More in California,” San Diego Associate Haylee Saathoff examines a recently signed California bill that amends state law regarding no-rehire agreements.
During the Obama administration, the National Labor Relations Board (NLRB) rocked the HR world for employers, both union and non-union, by interpreting federal law to create broad restrictions on employer work rules, social media policies, trade secret and confidentiality policies, and employee handbooks generally. Fortunately, the NLRB’s Division Advice has released updated guidance.
San Diego Associate Darcey M. Groden authored an article for the Daily Journal looking at the dos and don’ts of dress codes. Darcey says there is no single dress code law that employers an adhere to, which makes the subject tricky. S
Although OSHA has no specific standard that covers working in hot environments, the General Duty Clause of the Occupational Safety and Health Act requires employers to provide a place of employment that is “free from recognizable hazards that are causing or likely to cause death or serious harm to employees.” This requirement includes heat-related hazards.
The gig economy has created a seismic shift to the traditional workplace model. With new – and oftentimes inexperienced – workers performing dangerous tasks in a “faster is better” manner, workplace safety has the potential to fall through the cracks.
In the past year, New Jersey has enacted legislation imposing new obligations on employers that require changes to pay practices, a heightened review of record-keeping, additional leave, and updates to handbooks and company policies, job applications, and other business practices.
The holidays represent celebration and joy, but all that elation can set unsuspecting employers up for situations that feel like getting a stocking full of coal. In an article for Fast Casual, Louisville attorney Emily Litzinger recommends tips restaurants can follow to avoid employment-related liability this holiday season.
Between all the parties, the gifts, the scrumptious food and the laughter, who doesn’t love the holidays? But employers need to be aware that all this jubilation can have an impact on the company. Employers can get so caught up in the hoopla they may unknowingly set themselves up for serious legal issues.
In April 2019, the Department of Justice’s (DOJ’s) Criminal Division released an updated guidance document intended to assist prosecutors in exercising their discretion to investigate, bring charges or negotiate plea deals or other agreements with employers.
Accused workplace harassers usually are known to management. But a quick internet search for news coverage on anonymous workplace harassment shows that unknown perpetrators are more common than employers might think.
Transit employers thinking about adopting autonomous vehicle technology need to consider the labor law ramifications of automation early in the decision-making process. In the second of a five-part series, Alvaro Hasani published an article focused on a transit employer’s duty to bargain as a consideration when deciding whether or not to automate their fleet.
As the New Year approaches, employers are continuing to examine how to properly identify, audit and address equal pay issues within their organizations. In a bylined article for the Association of Corporate Counsel’s ACC Docket, Partner Lonnie Giamela and Associate LaLonnie Gray teamed up with Arrow Electronics’ Christine Lyman to help employers navigate the evolving arena of pay equity laws to avoid gender-based discrimination claims based on pay, manage overall employee morale, and handle the heightened publicity surrounding pay equity issues.
Some people simply cannot stand to be away from their cellphones. And, now that most phones come with built-in usage meters, people are finding out that looking at a cellphone is taking up a significant amount of time.
Workers not treated as “employees” are often not entitled to statutory safeguards, and this has the potential to raise several occupational health and safety considerations for gig economy workers.
- Discrimination Won’t Prevent Workplace Harassment Claims; Columbus Partner Recommends More Effective Responses11.22.19
In an article for Columbus Business First, Columbus partner Mat Parker cites recent research that shows some male executives and managers have limited their interactions with female co-workers and subordinates as a reaction to the #MeToo movement. That avoidance, Parker says, not only is detrimental to the workplace, but also represents potentially unlawful discrimination.
Many companies need to take on extra help around the holidays, retail stores more so than most. Poor hiring decisions this holiday season could have repercussions for employers and turn a profitable season into a costly discrimination lawsuit.
Automation will create a seismic shift to the workplace, this much we know. The breadth and scope of the impact, however, will vary across industries. For some, artificial intelligence (AI) will create a collaborative partnership rather than displacement.
Despite recent Texas legislation making it easier for patients to take advantage of the state’s limited medical marijuana program, employers should not expect across-the-board legalization of cannabis anytime soon, according to Steve Roppolo, managing partner of the Houston office.
With employment laws rapidly changing and evolving, it is important for employers to periodically review and revise their employee handbooks to ensure that their policies, practices and procedures comply with applicable federal, state and local laws.
In their byline article for Oregon Business titled “What Employers Need to Know About Oregon’s Paid Family-Leave Law,” Portland associates Stephen M. Scott and Alexander A. Wheatley discuss Oregon House Bill 2005, one of the nation’s most generous paid-leave programs.
Workplace retaliation claims have become one of the most frequently filed claims in employment-related lawsuits. Retaliation appeared in 51.6 percent of all 2018 Equal Employment Opportunity Commission charges, prevailing over all other discriminatory bases to claim the top spot for the ninth year in a row.
San Diego Partner James Fessenden and Los Angeles Associate Anet Drapalski look at the recent passage of California AB 5 and how it might affect trucking services in their byline article for Transport Topics.
- Partners Explain How Habitual OSHA Violations Could Prevent Contractors from Securing Public Contracts11.1.19
Dr. David Michaels, former Assistant Secretary of Labor for OSHA, suggested in a recent tweet that a certain construction contractor be banned from work on public lands because the company had pleaded guilty to charges stemming from a worker’s death. Michaels’ tweet hearkens back to the Obama-era’s “Fair Play and Safe Workplaces” Executive Order, which allowed federal contracting officers to consider safety violations when awarding government contracts, putting companies with records of numerous serious, repeated or willful OSHA violations at risk of being denied work.
Employers are collecting more employee data than ever as state legislatures contemplate passing privacy laws fashioned after the GDPR.
- Houston Partner Recommends Awareness of Legal Risks and Remedies for Artificial Intelligence and Biometric Data Use in Health Care10.31.19
Touted by some as the newest “transformation force” in health care, yet viewed more cautiously by those who question whether computers and algorithms can ever detect nuances like a nurse or doctor can, artificial intelligence and biometrics are growing and evolving rapidly.
In her byline article for Corporate Compliance Insights titled “AI and HR: Will AI Chatbots Replace the Employee Handbook?,” Irvine Associate Samantha Saltzman looks at the potential application of AI-powered chatbots in human resources. These chatbots are programs capable of simulating conversations through voice or text, and with many industries using these platforms to provide customer service, the technology is now opening up to HR departments.
- Hospitality and Wage and Hour Co-Chairs Explore “Overtime Rule 2.0’s” Impact on Quick-Service Restaurants10.22.19
In their bylined piece for QSR titled, “What Restaurants Need to Know about the New OT Rule,” Hospitality Industry Group Co-Chair Alden J. Parker teamed with Wage and Hour Practice Group Co-Chair J. Hagood Tighe to discuss the U.S. Department of Labor’s recently released rule governing overtime regulation and its impact on the quick-service restaurant industry.
In June 2019, an auto parts representative shot and killed his director and parts manager in California, before shooting and killing himself, after the dealership terminated his employment.