Charles Caulkins's article, "Quartet of Momentous Labor Board Decisions Spells New Day for Employers Everywhere," was featured in the Daily Business Review. The National Labor Relations Board issued four major decisions that will impact workplace law. After eight years of a pro-union labor board, employers are happy to know that balance is being restored to labor and employment law.
The article, “‘M,’ ‘F,’ or ‘X’? Nonbinary Gender Designations in the Workplace,” authored by Cheryl Behymer, Janet Henrick and Richard Meneghello was featured in Law Week Colorado. Cheryl, Janet and Rich discuss the next step in the 21st-century gender revolution which is “nonbinary” status in the workplace — that is, neither male nor female and employees’ preference to be treated as such.
Katherine Sandberg's article, "AB 1008: Restriction on Criminal History Inquiries," was featured in the Daily Journal. The article discusses Assembly Bill 1008 that prohibits employers with five or more employees from inquiring into an applicant's criminal history until they make a conditional offer of employment.
The article “Opinion: New Tax Law May Hold Surprise For Employers” authored by Bert Brannen was featured MYAJC.COM. He discusses one of the far-reaching provisions of The Tax Cuts and Jobs Act (H.R.1) which is the paid leave credit that will directly impact employers and workplace law.
Raul Zermeno authored the article “What You Need to Know About California's New Minimum Wage” featured in LA Biz. The article discusses the challenges California employers face with California’s new minimum wage laws. While there are some exceptions, almost all employees in California must be paid minimum wage. The increases will continue through 2023.
The National Labor Relations Board overturned several fairly short-lived, Obama-era precedents during the last week of outgoing Chairman Philip Miscimarra’s tenure.
Steven Ferenczy’s article “Dealerships Must Put A Stop To Sexual Harassment, Or It Could Cost Them Big” was featured in Automotive News. In the article, Steven provides insight on how dealerships can take proactive steps to protect their company.
Rob Ratton’s article “How to Respond to Harassment Allegations in The Workplace” was featured in the Memphis Business Journal. The article brings keen insight to the chronic problem of sexual harassment in the workplace. He breaks down the steps an employer should take when addressing any and all complaints of sexual harassment in the workplace.
Associate Bailey Bifoss and Partner Jason Geller was quoted in the article “Weed in the workplace: Should you rewrite your employee handbook to be ready for Jan. 1?” featured in the San Francisco Business Times. On January 1, 2018 retail marijuana will become legal in the state of California. Business owners are wondering what changes they should make to their drug policy with the legalization of marijuana.
- Here Are the Important Topics Companies Need to Address In Their Employee Handbook12.21.17
Brett Owens’ article “Establish a Culture” was featured in Leisure & Hospitality International. In the article, he discusses the importance of establishing culture and business expectations in the hospitality industry.
Richard Meneghello, Sarah Moore and John Lai authored the article “Workplace Best Practices for Using AI and Robots” featured in Law360. The article warns of the risks of using artificial intelligence to perform what was once human work functions.
Sidney Minter was quoted in the Business Insurance article, “Supreme Court Kicks Matter Of Sexual Orientation Bias Down The Road.” Sidney said he believes the court will rule sexual orientation is covered by Title VII. He pointed to the Supreme Court’s ruling in the Hively case, “which basically said, ‘How can you have sexual orientation discrimination and not have sex discrimination?'”
Steve Miller, the managing partner of the Chicago office, was quoted in the article “NLRB Ruling Provides More Flexibility for Employer Handbook Policies” on the SHRM website. He weighed in on the NRLB’s decision to return to more employer-friendly standards.
Sarah Moore's article "Artificial Intelligence in the Workplace" was featured in the November/December 2017 Vol. 31 No. 6 issue of Ohio Lawyer. In the article, she discusses the potential legal issues, particularly those relating to a reduction in workforce, safety protocols and employee privacy concerns as artificial intelligence is more regularly integrated into the modern workplace.
Law 360 published “How Will Hiring with AI Impact Discrimination Claims?” By Amy Strauss, an associate in the Dallas office of Fisher Phillips. Amy discusses the reality of artificial intelligence (AI) becoming a major part of the workforce and how it could impact the hiring process and discrimination claims.
Todd Fredrickson’s article “How to Recognize and Address Workplace Sexual Harassment” was featured in ColoradoBiz. In 2017, the issue of sexual harassment has come to the fore with the flood of allegations. The concept of sexual harassment is not new, but many employees and employers have missed the message about the wide variety of language and behavior that give rise to liability.
Dallas Managing Partner Michael Abcarian wrote “We Got Sued for What? Tools for Dealing with Difficult Employment Situations” for Texas CEO Magazine. He wrote, “Leadership is responsible for dealing with any difficult employee situation.”
The empowerment of women and men to come forward with allegations of sexual harassment has seemed to reach an unprecedented high as we approach 2018. In the article titled, “Harvey, Harassment, and Holiday Parties” featured in the December issue of the WCR newsletter, Attorneys Wendy Mcguire Coats, Megan E. Walker and Danielle Krauthamer discuss how the casual atmosphere of holiday parties can be breeding grounds for sexual harassment claims and other assaults.
D CEO Healthcare published “Telemedicine in the Workplace” by Michael Abcarian, managing partner of the Dallas office of Fisher Phillips. He wrote: “Telemedicine most often refers to delivery of medical services by healthcare professionals through technology, rather than in person. These services are often provided through secure, site-to-site electronic communications that include video-conferencing, emails, phone calls, mobile applications, electronic media record transfers, and even remote operation of medical devices. Telemedicine allows individuals to communicate with healthcare professionals on topics such as patient consultations, primary care diagnoses, prescription drug refills and behavioral health counseling.”
Mike Abcarian’s article “Tools for Dealing with Difficult Situations” was featured in Texas CEO Magazine. In the article, Mike provides insight to executives on how to deal with difficult situations whether that is workplace violence, sexual harassment or other issues.
Partner Janet Hendrick’s article, “Accommodating Employees’ Religious Beliefs: What Does the Law Require?” was featured in the December Issue of the Houston Medical Journal.
Samuel Lillard, a partner in the firm’s Columbus office was a guest blogger for Columbus CEO. His article “Four Warnings for Employers Hiring for the Holidays” provided employers with four things to consider when hiring seasonal employees during the holiday season.
- It’s not always someone’s fault when private information goes rogue11.29.17
In the article “Data Breaches Happen” Usama Kahf addresses misconceptions regarding the liability against someone in the event of a data breach and the precautions one should take to prevent it from happening.
- The #metoo phenomenon is a cultural tidal wave and it’s only a matter of time before the ripple effects are felt in the everyday workplace outside of Hollywood and Capitol Hill.11.29.17
Jennifer Sandberg’s article “Sexual Harassment Training: Cultivating a Culture of Compliance” was published in Corporate Counsel. Jennifer discusses how important it is for employers to be aggressive in their efforts to avert sexual harassment in the workplace.
In this article written by Steve Loewengart, he explains what a last-chance agreement is, when such a document is appropriate and how an LCA should be drafted.
The WSJ post “Higher Education Bill Requires Notice on Free Speech Policies” included comments from Scott Schneider, a partner who leads the Higher Education Practice.
The posting noted that two hot button subjects addressed in the House GOP Higher Education Act proposal are campus sexual assault and free speech. Regarding campus sexual assault, the act calls for more due process for both the accuser and accused.
Sharlene Koonce's article "Child Sexual Exploitation Compels a Multifaceted Analysis: Refining the Supply and Demand Approach" was published in the UC Davis Journal of Juvenile Law & Policy Vol. 21:1.
In the article, “Avoiding Legal Challenges to Employer Social Media Policies” featured in the Akron Legal News, Melanie Webber discusses the importance of a workplace policy to include a carefully drafted social media policy.
Cheryl Pinarchick was quoted in the Xpert HR Blog “Salary History Bans Continue as Big 2017 Employment Trend”. The article discussed the trend we are beginning to see in regards to the prohibitions of many questions revolving around an applicant’s previous salary. Interviewers are confused as to what they can and cannot ask during the interview process.
Featured as a guest author in the Ohio State Bar newsletter, Samuel Lillard wrote “Hiring for the holidays: 4 warnings for employers” which touches on four ways employers can avoid major problems during the holiday season hiring boom.
Wendy Coats was quoted in the article “Supreme Court Ruling Could Limit Workplace Harassment Claims, Advocates Say” featured on NPR (National Public Radio). The article discusses the possible impact the Supreme Court’s decision could have on employees filing claims of harassment in the workplace.
The Business Journals featured the article “The ICEman Cometh: How to Respond When ICE Knocks” authored by David Jones. This article informs employers about their rights and duties when the Immigration and Customs Enforcement (ICE) audit or search the company. David provides details about the types of warrants ICE may bring and how to respond to each warrant.
Following the Winn-Dixie decision, more courts are ruling against companies over the issue of website accessibility. In the article, "Disability Suits Over Website Access Surge," featured in Business Insurance, Regional Managing Partner Steve Miller provides commentary on the divergent rulings on the issue.
In the article, "5 Steps to Take If You've Been Sexually Harassed at Work," featured on 11 Alive, Of Counsel Marty Heller outlines the appropriate steps to take after a harassment incident.
In the article, "This Holiday Shopping Season Looks Good for Seasonal Jobs," featured on cleveland.com, Melissa Dials advises employers to consider wage and hour issues with respect to their seasonal employees to ensure compliance.
With a solution to the DACA program still impending, employers have concerns about changes to immigration policy and enforcement. In the article, "What to Do About DACA," featured in Human Resource Executive Online, Scott Fanning advised employers on how to ensure they are staying in compliance with immigration laws.
Wendy McGuire Coats authored the article, "Blind Spots (Part 1): Implicit Bias in the Workplace," which is featured in the November issue of the WCR newsletter. In this article, Coats discusses the hidden biases that play a role in workplace discrimination.
In August, the U.S. Court of Appeals for the 9th Circuit affirmed a lower court ruling dismissing “day of rest” claims brought by two former Nordstrom employees. In the article, "9th Circuit Gives Employers More Flexibility to Fight 'Day-Of-Rest' Claims," featured in Legal News Line, Katherine Sandberg provides commentary on why this ruling is beneficial for employers.
In the article, "As The Clocks Turn Back This Weekend, Don't Forget FLSA Rules," featured in HR Dive, Of Counsel Caroline Brown discusses the unanticipated challenges that Daylight Saving Time may cause employers.
Lariza Hebert and Pamela Williams authored the article, "The Impact Of The Gig Economy On The Hospitality Industry," featured in Hotel & Texas Lodging Association. In the article, Hebert and Williams detail the role that the sharing economy plays in the world of hospitality.
Come Oct. 31, 2017, employers in New York City will face a scary new reality: They will no longer be permitted to ask job candidates about their salary history. This mandate follows the New York City Council’s decision to pass legislation in April 2017 in an effort to address gender-based wage gaps. The law seeks to break the cycle of pay inequity by reducing the likelihood that women and people of color will be prejudiced by prior salary levels. Instead, the law encourages employers to set compensation based on applicants’ qualifications. For businesses new to this concept, here’s a “roadmap” of what is and is not permitted.
Managing Partner Steve Miller authored the article, "Halloween Can Be More Trick Than Treat for Employers," which was featured in The Business Journals. The article warns of the risks that can come from employees wearing costumes in the workplace.
In the article, "The Morning After: A Buyer’s Post-Closing To-Do List for Employment and Benefits Issues," featured in the October 27, 2017 publication of the New York Law Journal, Michael Marra and Joshua Gelfand discuss where a buyer is to begin and what post-closing employment and benefits issues should be prioritized after the signing of a purchase agreement.
In the article “Burden of Ending Sexual Harassment Shouldn't Be on Victims”, Rob Ratton discusses the critical involvement we should have in sexual harassment in the workplace and beyond. He expounds on the need for companies to take responsibility of ending sexual harassment and not silencing it’s voice.
Employers in states where medical marijuana is legal are wondering if they are able to uphold their zero-tolerance drug policies. In the article, "Courts Recognizing Employment Discrimination Causes of Action for Medical Marijuana Patients," featured in the Daily Business Review, Ilanit Fischler sites instances where states have ruled in favor of employees who use medical marijuana.
Megan Winter authored the article “New Employer Challenges After Calif. Ban On Pay Inquiries” featured in Law360.
David Jones authored the article “International Travel Advisory for Foreign National Employees” featured in Biz Journal. In this article, David discusses the current reasons for employers to be concerned when foreign national employees are traveling abroad.
Cheryl Pinarchick authored the article, "Does Your State Have an Equal-Pay Statute?" In this article, featured in The Business Journals, Pinarchick discusses how the efforts of each state and locality to close the pay gap has actually caused there to be pay-equity laws that contradict each other.
In the article, "Arguments Note Benefits of Bilateral Arbitration," featured in the Daily Journal, Wendy McGuire Coats and Megan Walker discuss the oral arguments for the following cases: Epic Systems Corporation v. Lewis; Ernst & Young, LLP v. Morris; and NLRB v. Murphy Oil USA, Inc.
Amy Lessa and Megan Walker authored the article, "Your Independent Contractors May Actually Be Employees." This article, featured in West Coaster Magazine, provides Califonia breweries with hiring advice on how to stay compliant when hiring independent contractors.