In their bylined article for The Recorder titled “How Does the US Supreme Court’s LGBT Bombshell Resonate in California?,” Portland Partner Richard R. Meneghello, Boston Partner Jeffrey A. Fritz and Sacramento Of Counsel Benjamin M. Ebbink examine the Supreme Court’s decision to consider a trio of cases determining whether Title VII prohibits employment discrimination against LGBT workers.
Last year, the National Labor Relations Board’s new general counsel issued a memorandum to the agency’s regional offices providing guidance on a balancing test, which should be applied to work rules and policies, weighing an employer’s interest in maintaining the work rules against their effects on workers’ rights to engage in concerted activity.
For the past several years, there has been a steep increase in litigation in the hospitality industry brought under Title III of the Americans with Disabilities Act, and now a new twist is on the rise.
While it is impossible to accurately predict all possible instances of workplace violence, by being proactive, employers can take measures to minimize the risk of such occurrences. In a contributed article for Professional Safety, Houston partner Pamela Williams and Charlotte partner Travis Vance discuss steps employers can take to eliminate or reduce exposure to these potential hazards.
The H-1B visa is the most common visa classification for foreign students graduating from U.S. universities. However, only 65,000 can be granted in a fiscal year, and the U.S. Citizenship and Immigration Service completed the lottery April 10
The eagerly anticipated ISO 45001 standard, developed with input from experts in more than 70 countries, provides a framework that helps businesses significantly enhance their safety and health performance, reduce workplace injuries and illnesses and dramatically improve employee productivity and quality.
In a bylined article for Risk Management magazine, Fisher Phillips partner, Ed Foulke, who is also president of Fisher Phillips Safety Solutions and former head of the Occupational Safety and Health Administration, explains the new ISO 45001 health and risk management safety standard.
In her bylined piece for The Recorder titled “Managing the Intersection of Union Contracts and Overtime Law: Court Provides Guidance,” Rebecca S. King examines the Ninth Circuit’s Curtis v. Irwin Industries decision, where the panel offered guidance to employers in complying with collective bargaining agreements while simultaneously applying potentially inconsistent definitions of California’s overtime law. However, Rebecca notes that this does not necessarily provide employers with an automatic reprieve from state law.
Federal child labor laws were passed to ensure that when young people work, the work they perform is safe and does not threaten their health, wellbeing, or educational opportunities.
The Occupational Safety and Health Administration’s electronic recordkeeping regulation has had a tortured existence since its introduction in 2016. The relatively short regulation was accompanied by a preamble that attempted to explain what OSHA meant by the regulation, but appeared to add requirements not specifically mentioned in the actual regulation. In a bylined article for Construction Executive, Louisville partner Todd Logsdon outlines OSHA’s next steps, the current state of the law, and how construction executives should be prepare.
The Chevron deference doctrine, originated in the 1980s, gives federal agency regulators decision-making responsibility for “complex” matters within their specialized areas of expertise, rather than having those decisions made by judges who may not have sufficient knowledge to do so.
In recent years, Chicago employers have been faced with increasing minimum wages and employee benefits, such as required paid sick leave. Employers – especially those in the retail and restaurant industry – are now faced with a new hurdle: predictive scheduling.
Bailey K. Bifoss stresses the importance of updating employee handbooks in her article for mg Magazine titled “Employee Handbooks: A Guide for Cannabis Employers.” Bailey discusses how the employee handbook helps establish a workplace culture and educates employees and managers alike on workplace policies and standards.
In early 2019, the Illinois Supreme Court ruled in Rosenbach v. Six Flags Entertainment Corporation and provided plaintiffs and their attorneys new weapons against all private entities in Illinois that use biometric information – including employers.
In his bylined article for the Daily Journal titled “Will California pass legislation addressing the Dynamex ruling,” Sacramento Of Counsel Benjamin M. Ebbink looks at Assembly Bill 5, a proposed bill in California that would codify – and expand the reach of – the Dynamex Operations West v. Superior Court decision.
In their bylined article for Beverage Master titled “Crafting Marijuana Policies? Managing Employees in the Wake of Legalized Marijuana,” San Diego Partner Amy L. Lessa and Associate Nicole E. Stenoish discuss how craft breweries can comply with conflicting state and federal laws on marijuana.
- Columbus Partner Provides Direction for Establishing a “Zero-Tolerance” Workplace in a #MeToo Culture4.3.19
Although employers understand that employees expect them to do more than they have in the past to prevent workplace harassment, commitments to “zero tolerance” sometimes are vague, fueling misperceptions about how employers intend to respond to misconduct. A “one-size-fits-all” approach may lead to cynicism about the fairness of employers’ processes for handling complaints and can have a chilling effect on the reporting of workplace harassment.
Correctly handling an employee’s medical or mental condition, especially one that requires a gap in working, can be complicated and stressful for everyone involved, including the HR representative, well-meaning supervisors and the employee themselves.
While case law on website accessibility under Title III of the Americans with Disabilities Act (ADA) is still developing, lawsuits are on the rise. In a bylined article for The Federalist Society Review, Memphis attorney Greg Grisham explores the history of the ADA’s application to websites and how the courts are interpreting Title III cases.
- State Supreme Court Sets High Bar on Handling of Biometric Information, Writes Fisher Phillips Attorney4.1.19
The Illinois Biometric Information Privacy Act is the most stringent biometrics privacy law in the country. In a bylined article for Business Insurance magazine, Chicago attorney Franklin Wolf breaks down the law and explains how a recent ruling—Rosenbach v. Six Flags Entertainment Corp.—increases the risks of workplace violations for employers.
After considerable controversy and years of waiting, the U.S. Department of Labor released its proposed “overtime rule” in late March 2019. Though substantially higher than the current $455 minimum weekly salary required to sustain an overtime exemption, the proposed minimum salary threshold of $679 per week is not nearly as dramatic a change as the $913 minimum weekly salary that was set to take effect in 2016.
Grocery stores could be the next frontier for testing artificial intelligence in the workplace. “Marty” is a robot that can be found trolling grocery aisles, looking for spills, on alert of tripping hazards, and scanning shelves to check on product.
Fair workweek laws are one of the many hot button issues in employment law, and such laws are growing in popularity. Indeed, the state of Oregon and local jurisdictions, such as New York City, San Francisco, San Jose, Calif., and Seattle, have passed fair workweek regulations. Chicago employers should be aware that their city is not far behind with similar legislation.
Title III of the Americans with Disabilities Act has been interpreted not only to require that businesses’ brick-and-mortar facilities be accessible to people with disabilities, but that their websites also must be accessible to these individuals.
In his bylined article for Cascade Business News titled “The Madness of March in the Workplace,” Portland Associate Alexander A. Wheatley calls March Madness the most sustained workday distraction of the year, indicating it can be a worrying time for employers.
The U.S. Supreme Court took an unusual step in vacating a 2018 decision from the U.S. Court of Appeals for the Ninth Circuit because the judge who authored the opinion, and was part of the majority in the precedent-setting ruling, died before the decision was published. The high court reversed a landmark pay equity ruling that held employers could not justify wage differentials between men and women by relying on previous salary information.
Recent cases in New Jersey have emphasized the need for employers to revisit their policies when drafting and enforcing arbitration agreements, said Christopher Capone in his article published by The New Jersey Law Journal.
Claims of sexual harassment in the workplace have spiked in recent days. This is, in large part, thanks to movements like #MeToo and Time's Up. In a bylined article for Compliance & Ethics Professional, Louisville Of Counsel Katherine Garbarino tackles workplace sexual harassment during the #MeToo and Time's Up movements.
Under the Trump administration, U.S. Immigration and Customs Enforcement (ICE) significantly increased its worksite enforcement actions against employers during 2018. From October 2017 through mid-July 2018, ICE opened 6,093 worksite investigations and made 675 criminal and 984 administrative worksite-related arrests.
- Denver Managing Partner Explains that Labor Concerns Need Not Deter Transit Agencies’ Use of Partial Automation3.6.19
Fear of labor disputes is a key factor in transit agencies’ hesitation to implement partial automation, according to the Federal Transit Administration. With careful planning, however, labor concerns can be easily addressed, allowing transit agencies to take advantage of partial automation technologies to save money, augment safety and enhance efficiencies, Denver Managing Partner Mike Greco writes in Metro magazine.
New Jersey recently expanded the state’s leave laws to permit employees job-protected leave for a variety of new reasons. The law also expands available state-provided, income-replacement benefits.
In her bylined piece for Workspan titled “Five Things to Consider When Conducting Workplace Harassment Investigations,” San Diego attorney Sharlene Koonce says there is no one-size-fits-all approach to investigating harassment claims but that investigators usually consider five items when conducting investigations. According to Sharlene, the first step is to assess if there is any risk immediate danger to an employee and provide interim protection for the alleged victim.
The number of violent events, some involving disgruntled employees, demonstrates that violence in the workplace is an increasingly problematic issue that employers must learn to effectively minimize and work to prevent. This is important in the construction industry where there is interaction with the public, open jobsites, high turnover and the added responsibility of working with dangerous products and equipment.
In his bylined article for Business Law News, Adam Sloustcher stresses the importance of conducting adequate investigations of workplace-related incidents for employers in the sports industry.
Drug-related deaths have reached staggering levels in the past few years, and employers are not immune to effects of this ever-growing problem. In his bylined article for Kentucky SHRM, Paul Goatley educates employers on how to combat the use of drugs or alcohol in the workplace.
For the second article in its two-part series on the top employment law issues that employers face in the hospitality industry, Law360 returned to Andria Ryan for practical guidance. In her article, Andria takes a closer look at which EEO laws apply to hospitality employers, and examines workplace harassment, employees with disabilities, accommodations, transgender employees, health and safety issues, and regulatory trends.
Lawsuits over non-compliant websites with the Americans with Disabilities Act are on the rise.
For the first of its two-part article series on the top employment law issues that employers face in the hospitality industry, Law360 turned to Andria Ryan for practical guidance. In the first article, Andria explores the special employment-related challenges like wage and hour exemption misclassification, record-keeping, employing minors, tip credits and tip pooling, as well as overtime and classifying independent contractors and interns.
In their bylined piece for The Recorder titled “California Court Ushers in Sweeping Changes for Scheduling Policies,” Los Angeles Partner Shaun J. Voigt and San Francisco associates Aaron D. Langberg and Anthony Guzman discuss the recent California Court of Appeal decision in Ward v. Tilly’s, Inc. The decision states that California employers who require employees to call in two hours before a shift are now obligated to pay the employee for two hours of work even if the employee is informed that there is no need to come in to work that day.