The Respect for Marriage Act is now law, upholding recognition of interracial and same-sex marriages, and the U.S. Supreme Court has held that sexual orientation and gender identity discrimination in the workplace is illegal, but what rights do LGBTQ+ employees have in the workplace and how inclusive must employers be? The EEOC’s attempt to provide … Continue Reading
When Albert King sang “Born Under a Bad Sign,” he was not referring to a document containing an invalid electronic signature. Nevertheless, in a post-COVID world with large numbers of remote workers, employers can take affirmative steps to minimize the kind of “bad luck” the blues singer referred to by understanding issues that may arise … Continue Reading
A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities. The decision concerned whether a state could invoke sovereign immunity, a legal doctrine which prohibits a government from being sued without its consent, to avoid liability under the Uniformed … Continue Reading
Just as employers have figured out how to navigate the COVID-19 virus, the next one is poised to take hold – the monkeypox virus. Now declared a global and national public health emergency by the World Health Organization and the U.S., the monkeypox virus continues to spread with almost 10,000 cases in the U.S. and … Continue Reading
Employers should be prepared: while COVID may feel like it’s on the wane, COVID-related charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) are on the rise. According to data published by Bloomberg from the EEOC, from April 2020 through December 2021 the EEOC received more than 6,000 discrimination charges relating to COVID, providing … Continue Reading
Unprecedented levels of employee attrition and turnover are forcing employers to pull out all the stops in attracting—and retaining—top talent. Hiring bonuses, relocation pay, and wellness benefits are quickly becoming the norm in the affected industries. But a recent decision from the California Court of Appeal, White v. Smule, reminds employers to proceed with caution, … Continue Reading
Businesses hoping for clarification on their obligations to ensure their websites comply with Title III of the Americans with Disabilities Act (ADA) will still have to wait, following a recent federal appellate court decision. That decision by the Eleventh Circuit Court of Appeals (covering Florida, Georgia, and Alabama) vacates an earlier ruling by the same … Continue Reading
Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of the public eye, through mandatory arbitration. New legislation passed this month by the U.S. House and Senate, pending President Biden’s … Continue Reading
California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on legitimate reasons and not on protected reporting of unlawful activities. Seeking to settle “widespread confusion” among lower courts, the … Continue Reading
New York employers, take heed: sweeping expansions to New York Labor Law (NYLL) Section 740 have fundamentally redefined the protections afforded to whistleblowers within the state. The revised law took effect on January 26, 2022, opening the door to a potential deluge of whistleblower claims against employers. Notable changes to Section 740 include the following:… Continue Reading
Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year-old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against employers over the past five years costing employers, on average, over $1.1 million per case. On its face, PAGA purports to improve enforcement of … Continue Reading
Illinois employers will be far more restricted in their ability to bind employees to non-competition and non-solicitation agreements as result of an amendment to the Illinois law governing such agreements. The law amends the Illinois Freedom to Work Act effective January 1, 2022, and imposes some initial hurdles and eligibility conditions on agreements executed after … Continue Reading
Consider this: the General Counsel of the National Labor Relations Board has opined that some student-athletes at the collegiate level are “employees” for purposes of the right to engage in protected concerted activity, and the U.S. Supreme Court has found that student athletes are entitled to certain compensation. So, if student athletes have new rights … Continue Reading
Employers implementing mandatory COVID-19 vaccine policies are facing an avalanche of requests for exemptions as religious accommodations, far more than for medical exemptions. Fortunately, while employers are generally obligated to explore accommodations for requests based on a sincerely held religious belief, they are not necessarily obligated to grant exemptions.… Continue Reading
Employers in California may not condition employment on entering into an arbitration agreement, but at the moment, it appears they may continue to enforce such agreements. The situation is muddled as a result of a federal appellate court ruling blocking a 2019 California law that made it illegal for an employer to condition employment or … Continue Reading
Not really. Like the COVID-19 vaccines, these “business liability shields” may provide a layer of protection for some employers, but they in no way guarantee immunity from lawsuits. Since early last year, business leaders expressed concerns about continuing with operations amidst the COVID-19 pandemic—mainly because they feared exposing their businesses to lawsuits arising from the … Continue Reading
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers.… Continue Reading
Employers who conduct background checks, beware! It might be time to revisit your standard documents and screening processes to ensure they comply with the Fair Credit Reporting Act (FCRA). The number of lawsuits brought under the FCRA has more than doubled since 2009. FRCA litigation was the highest on record at the close of 2019, … Continue Reading
COBRA: an acronym that strikes fear (and understandable confusion) into the hearts of many employers. If you have 20 or more employees, you are subject to the often equivocal requirements of the Consolidated Omnibus Budget Reconciliation Act—and the consequences of non-compliance can be poisonous. Given the increase in COBRA-related lawsuits and the Department of Labor’s … Continue Reading
As employers contemplate or commence reopening, they should be cognizant of potential workplace claims which are likely to escalate in the COVID-19 era. Such claims can arise out of a wide range of situations, including: deciding which employees should be brought back to the worksite first, which should be allowed to continue to telework and … Continue Reading
The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are lawful; (2) employers can restrict employees’ use of emails for nonbusiness purposes; and (3) employers can stop deducting and remitting union dues after the expiration … Continue Reading
Companies should take steps to ensure that their websites and mobile apps are accessible to persons who are blind or vision impaired, based on the Supreme Court’s recent refusal to review an appellate court decision that allowed a blind man to sue a national pizza chain under the Americans with Disabilities Act.… Continue Reading
Employers in the hospitality and restaurant industry are poised for celebration: the Department of Labor (DOL) has proposed eliminating a rule that requires tracking the time tipped employees devote to non-tip producing activities when counting employees’ tips toward the employer’s minimum wage obligations. The DOL has taken the position that employers cannot claim a tip … Continue Reading
The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida, Georgia, and Alabama. However, employers in other parts of the country should be more cautious. For example, federal courts in Illinois reached the … Continue Reading
