On Dec. 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) withdrew its previously issued guidance expressing disapproval of the practice of requiring workers to enter into arbitration agreements to resolve discrimination claims.
- What the Construction Industry Should Know About Building Employment Policies and Procedures Around Medical Marijuana Laws2.18.20
The Fifth Circuit Court of Appeals handed employers an important legal victory with respect to managing employees with disabilities and considering accommodation requests.
In their timely article for Oregon Business titled “The Pitfalls of Workplace Romance in the Post-#MeToo Era,” Portland Regional Managing Partner Clarence Belnavis and Associate Alexander A. Wheatley look at the topic of workplace romance in advance of Valentine’s Day.
In December 2019 the National Labor Relations Board (NLRB) announced it would relax its previously implemented “quickie election” rules. The new rules, effective April 16, 2020, reverse the NLRB’s practice of resolving questions of representation, unit scope, and voter eligibility after an election is scheduled, allowing a return to the more relaxed timeframe afforded by the prior rules.
In an article for Law360, Hollie Reiminger explores the recent wave of state and city laws and ordinances that have surpassed the reach of many federal laws, including those that have raised the minimum wage, created protections for LGBT workers, legalized marijuana use, and mandated paid sick and family leave, among other protections.
Credit unions continue to evolve to meet member needs and economic pressures in an ever-changing and competitive environment. Mergers and consolidations, new technologies, shifting member needs and budget issues often require a consolidation of positions or restructure of the workforce resulting in the termination of employees who are otherwise good performers.
On November 21, 2019, the US House of Representatives passed The Workplace Violence Prevention for Health Care and Social Services Workers Act (H.R. 1309).
2020 will undoubtedly be a busy year for employers who are tracking changes to workplace laws. SHRM offered their predictions for what might be the most important changes, including paid leave, appearance discrimination, pre-employment marijuana testing and predictable scheduling laws.
Allegations of theft are very serious, and employers should exercise special caution when an employee has been accused or suspected of stealing.
In an article published by TLNT, Emily Litzinger provides guidance for employers to help limit potential Valentine’s Day liability by implementing preventative measures including a solid anti-harassment policy.
In their byline article for the Daily Journal titled “New NLRB confidentiality ruling is a good start, but not enough,” Irvine Regional Managing Partner James J. McDonald, Jr. and Associate Alix Rozolis examine the NLRB’s recent Apogee Retail decision and its impact on confidentiality in workplace investigations. The Apogee decision better defined when employers may require employees to maintain confidentiality.
The end of 2019 was a busy year for the NLRB as the board issued a trio of decisions along with a procedural regulation slated to roll back some of the more onerous aspects of the agency’s “quickie election” rule.
Irvine Associate Melissa Shimizu explains and examines health reimbursement arrangements (HRAs) and what employers need to know in her byline article for Healthcare Business Today.
The Trump Administration’s deregulatory agenda has decreased the number of Occupational Safety and Health Administration (OSHA) inspectors to its lowest number in the agency’s history.
In their byline article for Corporate Compliance Insights titled “Emerging Strategies in the Evolving Area of Predictive Scheduling,” San Francisco Partner Collin D. Cook and Associate Anthony E. Guzman examine the rise of predictive scheduling laws nationwide.
In November 2019 the US Department of Labor announced a proposed change to the Fair Labor Standards Act’s fluctuating workweek method of compensation.
Transit employers thinking about adopting autonomous vehicle technology need to consider the labor law ramifications of automation early in the decision-making process.
In an article for the Memphis Business Journal, Greg Grisham discusses how the NLRB has shifted gears and taken a more employer-friendly approach, and he provides examples of other recent developments that are also “good news” for employers.
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.
Is it possible for employers to balance their employees’ desire to stay connected via social media with their own desire to run an efficient and profitable workplace?
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.
As credit unions continue to expand into the investment brokerage business, it is essential that employers in this industry recognize and plan for the impending changes that will recast some of their employees as fiduciaries.
With the rise of social media has come a new way for brands to reach their consumers. Marketing influencers – who have thousands and sometimes millions of followers – have emerged as a new avenue for brands to use to help sell their product or service.
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.
HR leaders in healthcare are under growing pressure to recruit and retain talented, engaged staff to meet the industry’s growing workload.
In their byline article for Athletic Business titled “Misclassification Issues in the Sports Industry,” San Diego associates Adam F. Sloustcher and Jason A. Fischbein look at worker misclassification issues in the sports industry in the wake of the 2018 Dynamex decision and California’s new AB 5 law.
In his byline article for Cascade Business News titled “No Free Lunches — Oregon Appellate Court Amends State Law on Lunch Breaks,” Portland Associate Alexander A. Wheatley looks at a November decision from the Oregon Court of Appeals that amends state law on lunch breaks.
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.
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.
What is an employer to do if OSHA unexpectedly shows up on a worksite? In an article for Building Excellence, Samantha Monsees explains that employers should know their rights and assert those rights in order to protect their organizations.
Bert Brannen, Regional Managing Partner of the firm’s Atlanta office, was tapped by Multi Briefs, a leading publisher of industry stories for association members and trade professionals, to provide exclusive content on workplace issues. For 2019, he covered topics ranging from employee retention to workplace investigations. To access Bert’s articles for the year, please click on the links below:
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
In an article for New Orleans City Business, partner Ed Harold provides insights into what companies should expect in terms of changes to laws governing the employment relationship in 2020.
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.