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.
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.
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.
As vehicles become increasingly automated, new technology is giving rise to new partnerships, including those with telecommunications and technology companies.
M&A in the fashion and luxury goods industry remains in style this year, but brands should keep key labor, employment and personnel issues front of mind during the due diligence period.
- Fisher Phillips Attorneys in Louisville Offer Insights into Achieving Diversity at the Law Firm Partnership Level2.14.19
Nationally, many law firms have struggled to achieve gender and racial diversity at the partnership level. Writing for Louisville Bar Association’s Bar Briefs magazine, partner Cynthia Doll and associate Ashby Angell highlighted relevant statistics that underscore the issue and suggested ways firms can encourage and advance diversity.
A San Francisco-based brewery recently received notice that its workers intended to try to form a union. As the largest craft brewer thus far to receive such a petition, the question has been raised: is this a recipe for the unionization of the craft brewing industry? In a Craft Brewing Business article, Denver associate Micah Dawson outlines the current status of the industry, and provides tips on how brewery employers should proceed when workers want union representation.
A recent Fifth Circuit Court opinion reminds employers of the Title VII mandate which states they should take reasonable steps to protect employees once they are aware of abusive behavior or harassment by a patient.
Safety professionals are often engaged by attorneys to work as expert witnesses to help the attorney make certain technical arguments at trial or understand technical issues in a case.
- HR Executive Features Fisher Phillips Attorney’s Step-by-Step Guide to Conducting a Pay Equity Audit2.7.19
In a bylined article for HR Executive, Cheryl Pinarchick, Co-Chair of the Fisher Phillips Pay Equity Practice Group, provides a step-by-step guide for employers conducting a pay equity audit to identify and remedy gender disparities in their organizations.
Jeffrey Smith is a partner who works with employers on their employee benefits programs, including the employee Retirement Income Security Act, or ERISA. He reminds clients that the “E” in ERISA stands for employee, not employer.
In her bylined article for the San Diego Daily Transcript titled “Five workplace law predictions for 2019,” Darcey Groden previews five workplace law issues that employers can expect in 2019.
In their bylined piece for Seattle Business Magazine titled “Paid Sick Leave Traps,” Seattle partners Stephanie Alexander and Catharine Morisset examine Washington state’s Paid Sick Leave Act, one year after taking effect.
- Philadelphia Attorneys Author on Changing Legal Landscape for Enforcing Restrictive Covenants in U.S.2.1.19
With recent activity surrounding requirements for and enforcement of restrictive covenants in U.S. state legislatures, now is a good time for employers to take a fresh look at how they are using non-competes. In their article for Risk and Compliance, Chris Stief, co-chair of the Fisher Phillips Employee Defection and Trade Secrets practice, and Lauren Cell, attorney in the firm’s International Employment practice, explore why using a one-size-fits all approach may expose employers to legal and financial risk.
In his bylined piece for The Recorder titled “Déjà Vu All Over Again? Pair of Vetoed #MeToo Proposals Re-Introduced in the California Legislature,” Sacramento Of Counsel Benjamin M. Ebbink discusses California Assembly Bills 170 and 171, two #MeToo-inspired bills that have been reintroduced in the legislature after being vetoed by Gov. Jerry Brown in 2018.
Every public accommodation serving customers should ask itself this question: Is my business accessible to customers with disabilities in compliance with Title III of the Americans with Disabilities Act? In an authored article for Chicago Daily Law Bulletin, Chicago managing partner Steve Miller and associate Scott Fanning explain the increased use of 'surf-by' web accessibility lawsuits.
Companies hiring new employees face a daunting array of legal requirements and concerns. Although the law’s application differs from employer to employer, most organizations can ensure success for both themselves and their new hires by giving careful thought to a few key matters.
In their bylined piece for Hotel Management titled “How to avoid workplace retaliation claims,” Los Angeles Partner Nathan Okelberry and Associate Rayan Naouchi discuss the increase in workplace retaliation claims and how employers can avoid these claims altogether. Nathan and Rayan encourage employers to ensure they have strong anti-retaliation and whistleblower protection policies in place.
Title III of the Americans with Disabilities Act (ADA) prohibits public places, like restaurants and retail stores, from discriminating against disabled persons with the goods and services they offer – even online.
In her bylined article for Autonomous Vehicle Technology titled “The liability hot potato: who’s to blame in the age of autonomous vehicles?,” Anet Drapalski discusses potential liability for employers who own or lease AVs for employee travel or business purposes.
Voters in Michigan have now given recreational marijuana its first toehold in the traditional Midwest, as the movement has moved from the coasts and mountains. With an expected 300,000 U.S. jobs in the marijuana industry by 2021, employers need to understand their potential obligations under the NLRA and the employees’ potential right to join unions.
In what is becoming an annual warning, lawsuits under the Fair Credit Reporting Act are again on the rise. Whether brought against consumer reporting agencies for reporting inaccurate or outdated information or employers for failing to satisfy disclosure and notice requirements, FCRA litigation increased by 4 percent from 2017.
Laws and regulations related to tip-pooling were ever-changing in 2018. It is important to understand the background of the tip rule changes to get a better grasp on the current state of the law and what the restaurant industry can expect moving forward.
Los Angeles Partner Andrew J. Hoag discusses the new California law on sexual harassment training requirements in his bylined article for California Ag Net titled “New Law Requires California AG Employers to Provide Sexual Harassment Training.”
The Illinois House of Representatives and Senate voted in 2018 to override Illinois Governor Bruce Rauner’s veto of proposed changes to the Illinois Equal Pay Act, meaning that employers will soon be required to comply with new set of pay equity obligations.
A federal appeals court recently found an applicant’s request for a religious accommodation was not a protected activity under Title VII when establishing a retaliation claim.
In his bylined article for the Daily Journal titled “SB 1402: Joint liability for port trucking customers,” Benjamin Ebbink reviews California SB 1402, which established joint and several liability for customers who contract with or use port drayage motor carriers who have unpaid wage, tax and workers’ compensation liability. The bill took effect Jan. 1, 2019.
In her bylined article for the San Diego Daily Transcript titled “An 'eye for an eye' can get an employer sued,” Miranda Watkins discusses California law on workplace retaliation, why employers should care and what to do when the EEOC gets involved.
Construction company executives, owners and employees who work on publicly funded construction projects should have a general understanding of prevailing wage laws.
The Occupational Safety and Health Administration (OSHA) announced in 2018 that inspectors are now authorized to use drones to collect evidence during inspections in certain workplace settings.
Key employment law issues are on legislators’ dockets in 2019. In an article for Thinking Bigger Business, Jim Holland outlines the topics – from minimum wage to overtime for white-collar workers to increasing ICE investigations – that are likely to get lawmakers’ attention, and potentially affect employers, in the year ahead.
Supervisors cannot afford to lose sight of their substantial legal duties in complying with the Americans with Disabilities Act (ADA); managing employees’ needs for accommodation, including requests for leave, presents continuous challenges.
In an article for Rock Road Recycle, partners Pamela Williams and Travis Vance outline OSHA’s top 10 most frequently-cited violations for fiscal year 2018.
In their bylined article for Today’s General Counsel titled “How a No-Rehire Agreement Unraveled,” Irvine Partner Usama Kahf and Associate David Rashe examine the Ninth Circuit decision in Golden v. California Emergency Physicians Medical Group, discussing the legality of no-rehire clauses in settlement agreements.
In his bylined piece for the Daily Journal of Commerce Oregon titled “Five takeaways from Oregon’s new pay equity regulations,” Portland attorney Stephen Scott looks at the key takeaways from the latest wave of updates from the Oregon Equal Pay Act of 2017.