New Jersey recently enacted a statewide mandatory paid sick leave law, requiring all employers in the state to provide up to 40 hours of paid sick leave per year.
In an article for FSR Magazine, Atlanta attorney Corey Goerdt walks through the long list of food safety guidelines and rules that restaurants must follow to pass health inspections. Couple these with the cornucopia of changing occupational safety laws and regulations to keep up with, and some restaurants inevitably fall short.
As the year is winding down, companies are preparing for 2018 group health plan reporting obligations and 2019 open enrollment for next year’s medical benefits.
In February 2016, an employee of Mar-Jac Poultry was injured while trying to repair an electrical panel. Because the employee was hospitalized, Mar-Jac reported the injury to OSHA, resulting in an OSHA inspection team being dispatched to the facility to investigate further.
Over the past several years, there has been an onslaught of ADA lawsuits against companies based on alleged inaccessibility of websites.
In their bylined piece for L.A. Biz titled “What you need to know about California's new lactation accommodation law,” Los Angeles Partner Sarina Saluja and Associate Marianna Bertikian discuss Assembly Bill 1976, which, beginning Jan. 1, requires companies in California to ensure appropriate accommodations for breastfeeding employees.
While it may sound like they’re in charge, captains may not actually be supervisors of their own ship crews, according to the National Labor Relations Board.
The Texas Legislature does not officially convene until Jan. 8, 2019. But during the week of Nov. 12, Texas lawmakers got off to a furious start and submitted more than 600 bills to be considered during the 2019 legislative session. In the 2017 session, Texas legislators filed more than 10,000 bills and resolutions, of which approximately 10 percent became law. If 2017 is any indication, these early submissions are only a taste of the thousands of bills sure to be filed ahead of the March 8, 2019, bill-submission deadline.
Missouri voters’ approval of medical marijuana on Election Day 2018 raised questions about how the new law will affect the state’s workplaces.
In their bylined piece for the Daily Journal titled “Mistletoe and #MeToo: Work holiday party best practices,” San Diego partner David B. Monks and associate Megan E. Walker offer advice for employers for planning work holiday parties in the wake of new sexual harassment laws going into effect in CA.
In her bylined piece for the Puget Sound Business Journal titled “Before holiday hiring, know the rules around temp labor,” Catharine Morisset explains the rules for hiring temporary labor around the holidays. She notes that the busy holiday season and a tight labor market creates fierce competition for temporary workers.
In his article for Cascade Business News titled “‘Twas the Night Before the Office Holiday Party…,” Portland attorney Stephen Scott reviews the top eight tips for employers to consider when planning holiday parties.
Overturning 40 years of precedent, the Tenth Circuit Court of Appeals has ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit.
In his bylined piece for Seattle Business Magazine titled “ICE Turns up the Heat,” Davis C. Bae discusses what employers must do to be prepared for immigration audits. Davis notes that ICE has increased I-9 audits and worksite raids in 2018 and that employers may be fined if they do not fulfill their immigration compliance obligations.
In Texas, Austin and San Antonio passed ordinances requiring mandatory paid sick leave for workers employed by private employers.
Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. In an article written for HR Professionals Magazine, Sue Schaecher details the significance of Lincoln v. BNSF Railway Company, Inc.
Recent court opinions illustrate the dangers of failing to take an employee’s complaints of harassment by a patient seriously.
- Employers Should Consider Incorporating and Enforcing Mandatory Class Action Waivers, Says Houston Attorney11.30.18
Certain employment practices common to the health care industry – including rounding employees’ start and stop times, individuals working for different facilities within the same time period and failing to correctly compensate workers for travel time or mandatory training attendance – may make employers vulnerable to wage and hour collective action claims.
E-scooters began appearing in cities about a year ago and now operate in more than 125 U.S. cities. But what if an employee gets injured or injures someone else, while using an electric scooter for business purposes?
As the fashion industry gears up for blockbuster holiday sales, employers looking for seasonal workers must review their hiring practices and legal obligations to mitigate potential risk.
In a bylined article for SHRM, New Jersey partner Kathleen McLeod Caminiti and associate Sarah Wieselthier remind employers to consider pay equity as they wrap up performance reviews, dole out bonuses and bump up base pay.
Employers in New York City will likely soon face more stringent laws related to nursing mothers expressing milk in the workplace. On Oct. 17, 2018, the New York City Council passed a package of bills, dubbed the Mother’s Day bills, aimed at helping mothers and children.
The intersection of maritime law and employment law is a unique one; unlike most U.S. business and industry employers, maritime employers deal with historical maritime law that can conflict with or supersede employment law.
In the Daily Journal article titled “New law requires California employers to accommodate lactation,” Sacramento attorney Benjamin M. Ebbink discusses Assembly Bill 1976, which requires employers to make reasonable efforts to provide a room “other than a bathroom” to accommodate an employee to express breast milk in private. While the previous California law stated employers had to provide a room “other than a toilet stall,” bathrooms will no longer cut it as of Jan. 1, 2019.
In his bylined piece for The Recorder titled “What Will a Governor Newsom Mean for California Employers?,” Sacramento attorney Benjamin M. Ebbink offers a preview into what California employers can expect under Governor-elect Gavin Newsom. In his article, Ben reviews some of Newsom’s previous comments and campaign statements to shed some light on the course he may take on labor and employment issues.
In the Law360 article titled “Top 10 Employer Takeaways From Midterm Election Results,” Portland partner Richard R. Meneghello and Sacramento of counsel Benjamin M. Ebbink offer their take on what the midterm election results mean for employers going forward.
In his bylined article for Law360, Sacramento attorney Benjamin Ebbink discusses the struggles elected officials and policymakers face as they figure out how to respond to employment challenges posed by the adoption of autonomous vehicles.
Incidents of employee defection where an employee takes confidential trade secrets can very quickly escalate into aggressive cease and desist demands, a run up the courthouse steps, and intense litigation.
In her bylined article for Corporate Compliance Insights titled “ACA Penalties are Coming,” Irvine attorney Melissa Shimizu offers a look into the types of penalties facing employers for noncompliance of Section 4980H(b) of the Affordable Care Act. Melissa explains the different types of penalties and when they may be assessed against employers, as well as the guidelines and timing for challenging and appealing a penalty.
When an employee’s conduct is not consistent with the company’s expectations, leadership should take action to appropriately address the problem behaviors.
Halloween celebrations can be helpful for injecting fun and bonding colleagues in the workplace.
Los Angeles Regional Managing Partner Todd B. Scherwin has been recognized as a finalist for the Los Angeles Business Journal’s “Leaders in Law 2018” awards.
Over the past two years, numerous programs granting work authorization to foreign nationals have been targeted for rescission, including the Deferred Action for Childhood Arrivals (DACA) program.
In his bylined article for the Daily Journal titled “Perseverance pays off for employer in class action litigation,” Irvine partner Christopher Ahearn discusses how J.B. Hunt Transport’s perseverance in dealing with protracted litigation resulted in a win, where the court ruled – eight years after the case commenced – that the plaintiffs’ wage claims were not manageable in a class action setting, thus decertifying the class.
The Americans with Disabilities Act applies to all businesses with more than 15 employees, so small business leaders need to know what their fundamental obligations are under the law.
We’re living at a time when a unique convergence of trends is ensuring that autonomous vehicles will soon change life as we know it. The benefits are not without risk; cybersecurity is a chief concern.
Transgender workplace rights are a hot topic; while legislative bodies and courts continue to parse through these issues, one fact remains: the transgender individual is a person who has a right to work, to earn a living and to provide for himself/herself and for his/her loved ones.
Companies facing rapid growth may unwittingly set themselves up for legal problems down the road. Employers must review certain workplace policies when hiring a large number of employees in a short time, including non-compete agreements, employee handbooks and how to enforce the Americans with Disabilities Act (ADA) correctly.
In their bylined piece for mg Magazine titled “Workplace Drug Policies: What Can-A-Business Do?,” Danielle H. Moore and Nicole E. Stenoish discuss the evolving legal, societal and political changes surrounding cannabis that could create potential landmines for employers.
Autonomous vehicles have quickly moved from novelty items introduced by Silicon Valley tech companies to mainstream products under development by the traditional automakers.
In her bylined article for The Recorder titled “Pawternity Leave: Are Employers Barking Up the Wrong Tree With Pet-Based Leave?,” Los Angeles attorney Danielle Krauthamer examines the latest trend in employee leave: “pawternity” leave. Pawternity leave refers to paid time off for employees to transition to pet-owning responsibilities, to care for a sick pet, to grieve over a deceased animal, or even to participate in a pet adoption.
When an employee leaves the company, one of the final steps is to return all company-issued technology, like cell phones and laptop computers. While it may seem well within a leader’s job description to do a little snooping on the former employee, it’s really a violation of the Stored Communications Act.
In his bylined piece for QSR Magazine titled “Breaking Down the NLRB’s Proposed Overhaul to Joint Employment Rule,” Sacramento managing partner Alden J. Parker examines the National Labor Relations Board’s (NLRB) proposed rule that would alter the definition of joint employment. As Alden says, the rule, if adopted, would make it “more difficult for businesses to be held legally responsible for alleged labor and employment law violations by staffing companies, franchisees, and other related organizations.”
While it’s difficult for leaders to take a thorough and honest assessment of a company’s work culture, the rise of the #MeToo movement has made it a priority.
Before year-end, the Department of Labor (DOL) is expected to issue revised tip pooling regulations that will acknowledge the validity of tip-pooling arrangements. The DOL will address arrangements that involve non-customarily tipped employees where no tip credit is taken and provide guidance as to who is deemed a “manager” or “supervisor” under recent FLSA amendments.
Employers and safety professionals need to know which particular law applies to the specific "working conditions" and hazards in order to be in compliance.
Opening a new restaurant can mean opening the door for potential labor and employment legal risks. In his bylined article for FSR Magazine, “Labor and Employment Guidelines for New Restaurants,” Corey Goerdt discusses the many challenges that arise when opening a new restaurant, including overtime compensation, employing minors and verifying the legal status of employees.
Title IX mandates that federally funded educational institutions cannot discriminate on the basis of gender. Denver attorney Darin Mackender authors a Law Week Colorado article on employment discrimination claims.