Labor & Employment Updates

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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HCS: OSHA Publishes Interim Enforcement Guidance for the Hazard Communication Standard

On May 29, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012) June 1, 2015 Effective Date" (Interim...more

Policy Management Best Practice FAQs: Top 10 Questions from the Policy Management Benchmark Webinar Answered

During our recent webinar (now available on-demand), we provided an in-depth tour through the findings of our 2015 Ethics and Compliance Policy Management Benchmark Report. Webinar attendees asked a number of valuable...more

The New Way We Work: Protecting Against the Legal Risks of Telecommuting

It is more likely than not that you have allowed one or more of your employees to work from home, either on a sporadic or regular basis. If not, you may face the challenge soon. ...more

How to Integrate Ethics and Compliance Training with General Skills Training

In an ideal world, every employee would receive both ample general skills training and an abundance of ethics and compliance training. In reality, it’s difficult enough to find the time for an employee to receive the bare...more

OSHA Issues Guidelines for Providing Restroom Access to Transgender Employees

Continuing the trend by federal agencies toward greater protections for transgender employees, the Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers” on June 1,...more

Registration Opens for EXCEL Training for Public and Private Sectors, Aug. 10-13 in Washington

EEOC's 18th Annual Conference to Celebrate 50th Anniversary of Commission - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced that registration recently opened for its 18th annual...more

Wisconsin Supreme Court Rules Continued Employment is Lawful Consideration to Support a Restrictive Covenant

Wisconsin has firmly joined the majority of jurisdictions in the United States that hold that continued employment constitutes lawful consideration sufficient to enforce a restrictive covenant with a current at-will employee....more

Religious Discrimination Suit Over Muslim Job Applicant’s Hijab; U.S. Supreme Court Rules Against Abercrombie & Fitch

In a ruling handed down yesterday, the U.S. Supreme Court sided with the Equal Employment Opportunity Commission (EEOC) in a religious discrimination case against the popular clothing retailer, Abercrombie & Fitch Stores,...more

Lawsuits Challenge Classification of Uber Drivers as Independent Contractors

Uber is unquestionably a very hot commercial brand. Through the use of an app on a mobile phone or smart device, consumers can schedule a driver to pick them up and transport them to a destination. Unlike a traditional taxi...more

Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts. These cases address...more

Supreme Court Rules Against Employer on Religious Accommodation Standard for Job Applicant

The U.S. Supreme Court has held that to prevail in a Title VII disparate-treatment (i.e., intentional discrimination) claim, a job applicant need only show that his need for a religious accommodation was a motivating factor...more

What Does A Sexy, Trendy Retail Chain Have In Common With Religious Land Use? Read About The Supreme Court’s Decision In The...

In Equal Employment Opportunity Commission v. Abercombie & Fitch Stores, Inc. (2015), seven justices of the U.S. Supreme Court found that Abercrombie & Fitch (A&F) violated Title VII of the Civil Rights Act of 1964 by...more

Wisconsin Joins Illinois in Addressing Whether Continued Employment Constitutes Lawful Consideration for Mid-Stream Non-Competes

The Wisconsin Supreme Court recently brought much needed clarity to Wisconsin employers — and helpful guidance for other jurisdictions — in ruling that continued at-will employment constitutes legal consideration to support a...more

“Burt’s Law” Places New and Enhanced Responsibilities on Employees and Volunteers In Facilities Providing Care for Those with...

According to press reports across North Carolina, Burt Powell was a resident of a group home for adults with mental disabilities. His parents placed him in the facility to increase his chances of achieving a more independent...more

Pennsylvania Physicians Now Required to Wear Photo Identification Badges

As of June 1, 2015, a new Pennsylvania law went into effect, requiring the following individuals to wear photo identification badges: - All employees and physicians working at health care facilities licensed by the...more

Supreme Court Decides Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

On June 1, 2015, the United States Supreme Court decided Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, holding that to prevail in a disparate-treatment claim based on religion under...more

OSHA Updates Whistleblower Manual, Focusing On Damages And Settlement Agreements

On May 21, 2015, OSHA—which has responsibility for investigating and enforcement under 22 whistleblower retaliation statutes—released an updated edition of its Whistleblower Investigations Manual (the Manual), the first such...more

EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests

If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we...more

Corte Suprema Falla En Favor De La EEOC En Caso De Discriminación Religiosa Contra Abercrombie

Los Empleadores no Pueden Negarse a Contratar a Solicitantes Basado en sus Creencia o Prácticas Religiosas, Aunque no Pidan Específicamente un Ajuste a las Políticas de la Compañía - WASHINGTON- La Corte Suprema de...more

UK Government reveals new legislative programme - Implications for employment law

Following the unexpected victory by the Conservatives in the UK general election on 7 May, the Government has announced its programme for the next session of Parliament. Amongst its proposals, the Government is proposing new...more

NLRB Refuses to Approve Withdrawal of Charges Despite Settlement of Class Action Case

We know that, among many other common employer policies, the NLRB considers many mandatory arbitration agreements to be unlawful, particularly where they prohibit class or collective actions. See Murphy Oil USA, Inc., 361...more

Performance Anxiety: SEC Proposes Pay Versus Performance Rule

On April 29, 2015, by a 3-2 vote, the Securities and Exchange Commission (the SEC) voted to propose a rule to implement Section 14(i) of the Securities Exchange Act of 1934 (the Exchange Act), as added by Section 953(a) of...more

Supreme Court Clarifies Protections for Religion in Hiring

On June 1, 2015, the United States Supreme Court issued a much anticipated ruling on the Title VII religious bias claim brought by a Muslim female applicant who wore a religiously mandated headscarf to her interview and was...more

It Takes Two (Racial Slurs to Support a Claim of Harassment, That Is)

Before we begin the analysis of the recent Fourth Circuit opinion in Boyer-Liberto v. Fontainebleau, let’s take a moment to clear something up: When asking how many times an employee may permissibly hurl a racial slur at...more

Wisconsin Supreme Court Accepts New Cases: Occurrences, 12% Interest, and Donning and Doffing

Last Friday, Wisconsin’s supreme court announced that it had accepted seven new cases. Three of them are of particular interest to Wisconsin businesses. In Wis. Pharmacal Co. v. Nebraska Cultures of Cal.,...more

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