Author Info for Akerman LLP - HR Defense

Samantha Abeysekera

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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Zain Abidi

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing to…more

Employee Retention, Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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Beth Alcalde

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Imagine you are a corporate Human Resources/Total Rewards leader who receives a request from a state’s law enforcement agency for health plan records about a plan participant’s abortions or other reproductive health care. How…more

Abortion, Employee Benefits, Employee Privacy Rights, Employer Group Health Plans, Employer Liability Issues

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Marissa Alguire

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

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…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

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Mojan Anari

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit…more

California, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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Ashley Arnett

Employers Must Report Pay Data and Hours Worked

Employers with 100 or more employees must report pay data and hours worked by race, sex, and ethnicity for employees in each of 10 job categories as a result of a recent court ruling. The data for 2017 and 2018 payrolls must be…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination

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Vincent Avery

DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Gender Discrimination, Gender Identity

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Emily Ayvazian

It’s Election Season! Regulating Political Speech in the Workplace

With less than three months to go until the general election, politics seem to be a hot topic for discussion these days! However, today’s political climate is more divisive than ever, and there are many reasons why you may not…more

Employee Rights, Employment Policies, General Elections, NLRA, Political Expression

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Rebecca Barrett

Is There A New Requirement To Pay Employees on Military Leave?

A few recent cases may have savvy employers rethinking their military leave policies and choosing to pay employees on short-term military leave to the same extent they voluntarily pay employees benefits for other leaves of…more

Anti-Discrimination Policies, Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Zoe Bekas

California is Spooky—California’s Recently Enacted Laws Provide Further Fright (aka Legal Obligations) to California Employers

Just in time for Halloween and employee handbook update season, the California Legislature has passed an onslaught of new employment legislation sure to give employers compliance nightmares. From expanding the concept of…more

California, Employer Liability Issues, Paid Time Off (PTO), Pay Transparency, Reproductive Discrimination

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Dana Berber

OSHA Encourages Employers to Mandate Vaccines or Regular Testing

The Occupational Safety and Health Administration (OSHA) has recommended employers either require vaccination or regular COVID testing, in addition to mask wearing and physical distancing in updated guidance issued on August 13,…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

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Colby Berman

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Automation Systems

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Raymond Berti

The DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees

According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” on-demand,” or “sharing” economy are independent contractors, not employees…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Gig Economy, Hiring & Firing

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Danya Blair

It’s All Over but the Crying: Damages for Emotional Injuries Not Available Under Certain Anti-Discrimination Statutes

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain…more

Affordable Care Act, Anti-Discrimination Policies, Cummings v Premier Rehab Keller PLLC, Emotional Injury Claims, Employer Liability Issues

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David Blum

Summary of Key Tax Provisions in Historic Senate CARES Act Legislation

On March 26, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which advances legislation intended to help Americans and businesses survive a public health and economic crisis due to…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Excise Tax, Federal Loans

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Ashley Bobo

Weed in the Workplace – Marijuana Roundup

Marijuana was once again one of the hottest legislative topics across the nation in 2021, and while some states’ new legislation provided greater protections to employers with drug-free and/or zero-tolerance policies, others…more

Anti-Discrimination Policies, Employment Policies, Local Ordinance, Marijuana, Medical Marijuana

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Brittany Buccellato

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring every…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Policies, Fitness for Duty Exams

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Karen Buesing

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

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Ashley Calhoun

Fishing in the Company Pond

Valentine’s Day is here, and office romances are either casting in the air, already afloat, or over and, in any event, likely the subject of the latest office gossip…more

Employer Liability Issues, Employment Policies, Holidays, Risk Management, Sexual Harassment

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Maria Casablanca

New I-9 Form Required But Verification Relaxed for Some Employers

Amidst the fast changing pace of employer benefits and obligations during the COVID-19 pandemic, the Department of Homeland Security (DHS) has implemented changes to ensure that immigration worksite compliance continues…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9, Hiring & Firing

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Lillian Chaves Moon

Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

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Melissa Cizmorris

Broad Vaccine Mandates Ahead

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

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Kirk Davis

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

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Sarah DeFranco

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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Damien DeLaney

Is the Wicked Witch Really Dead? California Passes Long Anticipated PAGA Reforms, But Do They Really Help Employers?

In a lightning-fast deal brokered by Governor Gavin Newsom, California lawmakers enacted significant amendments to PAGA, California’s so-called “sue-your-boss” law that deputizes millions of workers across the state to bring…more

California, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Ana Dowell

Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

By now, many employers have heard about “quiet quitting.” Though the term’s meaning varies depending on who’s using it, it generally refers to employees doing only as much work as the job requires without going the extra mile…more

Employees, Employer Liability Issues, Federal Labor Laws, Job Descriptions, NLRA

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Christopher Duke

Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused

Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found throughout…more

Decriminalization of Marijuana, Employee Rights, Employer Liability Issues, Employment Policies, Marijuana

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Christopher Eby

Department of Labor Issues FFCRA Guidance Poster

A flurry of publications from the United States Department of Labor (DOL) provide employers with additional details regarding the recently-passed Families First Coronavirus Response Act (FFCRA). Q&A guidance issued March 24…more

Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Angela Hart-Edwards

EEO-1 Pay Data Collection Form Nixed for Now

Employers that have been struggling with whether to undertake the arduous task of assembling the 2017 pay data required by the new EEO-1 form can breathe a sigh of relief: the Office of Management and Budget (OMB) has nixed it…more

Data Collection, EEO-1, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Ashlea Edwards

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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Cecilia Ehresman

Employers: Duty to Provide Safe Workplace Extends Beyond Four Walls

Consider this in the era of COVID-19: how does an employer comply with its duty to provide employees a safe workplace when the workplace is not one controlled by the employer?…more

Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Responsibilities, Health and Safety

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Anthony El-Hashem

USCIS Launches New Organizational Accounts Platform to Facilitate the H-1B Lottery Registration Process

The United States Citizenship and Immigration Services (USCIS) launched its new organizational accounts platform which allows multiple individuals within an organization, as well as their legal representatives, to collaborate on…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Zarra Elias

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employee Incentive Plans, Employee Retirement Income Security Act (ERISA)

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Nicholas Erickson

Unsuccessful Union Election? Employers Might Still Be Ordered to Engage in Collective Bargaining

Employers with a workforce seeking to unionize may soon be ordered to bargain even without a union election (or potentially, even if the employer won the election)—if the NLRB’s General Counsel succeeds in resurrecting a…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Cary Farris

Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

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Kevin Finley

Legal Challenges to the U.S. Department of Labor’s New Overtime Rule

As expected, the first lawsuits have been filed to challenge a new Department of Labor (DOL) “Overtime Rule” that significantly raises the minimum salary threshold for the exempt, administrative, and professional (EAP) and…more

Department of Labor (DOL), Exempt-Employees, Highly Compensated Employees, Minimum Salary, Over-Time

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Angelica Fortney

Finally in Play: A Refresher on the Fiduciary Rule for Plan Sponsors

On the heels of Labor Secretary Alexander Acosta’s announcement that the Department of Labor’s oft-delayed “Fiduciary Rule” would finally take effect on June 9th, Congressmen introduced new legislation on June 8th to overturn…more

Best Interest Contract Exemptions, Conflicts of Interest, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Alison Gabay

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Steven Gallagher

PEOs, Staffing Companies: Watch Proposed New Joint Employer Rule

Professional Employer Organizations, franchisors, business advisors, and staffing agencies should take a close look at their contracts if the Department of Labor’s proposed new standard for what constitutes a joint employer…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Franchisee, Human Resources Professionals

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Lauren Gandle

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employment Opportunity Commission (“EEOC”) has issued new guidance limiting the…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues

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Amy Moor Gaylord

Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Relations, NLRA

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Stefi George

Summary of Key Tax Provisions in Historic Senate CARES Act Legislation

On March 26, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which advances legislation intended to help Americans and businesses survive a public health and economic crisis due to…more

Business Taxes, CARES Act, Coronavirus/COVID-19, Excise Tax, Federal Loans

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Eric Gordon

The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,…more

Apple Watch, Blogs, Email, Employee Rights, Employer Liability Issues

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Matthew Gurnick

Is the Wicked Witch Really Dead? California Passes Long Anticipated PAGA Reforms, But Do They Really Help Employers?

In a lightning-fast deal brokered by Governor Gavin Newsom, California lawmakers enacted significant amendments to PAGA, California’s so-called “sue-your-boss” law that deputizes millions of workers across the state to bring…more

California, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Christy Hawkins

BOLO: Cyber Attacks Against Retirement Plan Accounts

Employer-sponsored retirement plans have long been targets for cybercriminals. Employers should be on the lookout as the COVID-19 pandemic has expanded the types and likelihood of potential cyber attacks against retirement plan…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Employee Benefits

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William Heller

U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced. The Court allowed the…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Tiffany Hendricks

What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status

Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board)…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Federal Labor Laws, Final Rules, Franchises

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Elizabeth Hodge

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Imagine you are a corporate Human Resources/Total Rewards leader who receives a request from a state’s law enforcement agency for health plan records about a plan participant’s abortions or other reproductive health care. How…more

Abortion, Employee Benefits, Employee Privacy Rights, Employer Group Health Plans, Employer Liability Issues

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Jeffrey Horton Thomas

Is this the End of Independent Contractors in California?

Employers classifying workers in California as independent contractors face grave new concerns based on Assembly Bill 5, signed into law by Governor Newsom on Wednesday, September 18. In its breadth and the risk to which it…more

ABC Test, Dynamex, Employee Definition, Employer Liability Issues, Freelance Workers

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Andrew Karter

Ban on the Run: Federal Court Blocks the FTC’s Non-Compete Ban Nationwide

A Federal Court has blocked the Federal Trade Commission’s Final Rule (the “Rule”) that was set to broadly ban nearly all forms of non-compete agreements. On August 20, 2024, Judge Ada Brown of the Northern District of…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Reeya Khurana

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same…more

Adverse Employment Action, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Sul Kim

Prepare Now for Anticipated Labor Law Changes in 2022

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB…more

Collective Bargaining, Employee Handbooks, Employee Rights, Employer Liability Issues, Independent Contractors

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Jeffrey Kimmel

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind…more

Decriminalization of Marijuana, Employee Rights, Employment Policies, Fair Labor Standards Act (FLSA), Marijuana

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Thaddeus Kleckley

U.S. Supreme Court Allows Vaccine Mandate for Healthcare but Blocks Vaccine-Or-Test Rule for Large Private Businesses

On January 13, 2021, the U.S. Supreme Court prevented President Biden’s vaccination or testing mandate for large employers (issued as an OSHA Emergency Temporary Standard (ETS)) from being enforced. The Court allowed the…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Arlene Kline

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end of a…more

Comment Period, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Megan Kokontis

Illinois Imposes New Limits on Non-Competes Effective January 1

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…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Reform, Labor Regulations

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Ryan Krone

Will Section 10(j) Injunction Petitions By the NLRB Melt Away or Just Cool Down Since SCOTUS Served Starbucks a Win This Summer?

The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often resulting…more

Employees, Employment Litigation, Labor Relations, Multi-Factor Test, NLRA

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Debra Leder

LGBTQ+: What’s the Fuss?

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,…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), LGBTQ, New Legislation

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John Linker

Texas Expands Employer Liability for Sexual Harassment

Texas employers of ALL sizes should be aware that Texas has significantly expanded employee protection for sexual harassment claims with two new bills signed into law by Governor Abbott. The first opens the door for Texas…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employer Liability Issues, Employment Policies

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Sarah Lis

Can Employers Refuse to Hire Smokers?

Are smokers in a protected class? Can a company refuse to hire them? After all, studies have repeatedly shown that smokers have higher absenteeism, are less productive and carry higher healthcare costs than non-smokers…more

E-Cigarettes, Employment Policies, Hiring & Firing, Job Applicants, Off-Duty Employees

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Andrew Loewenstein

Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more

Americans with Disabilities Act (ADA), CVS, Employer Liability Issues, Essential Functions, Popular

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Thomas Mandler

Top Ten Myths About Unions

Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they are…more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Relations, NLRA

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Cassidy Mara

Cemex Construction NLRB Decision

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue a…more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Relations

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Ashleigh McKenzie

Discrimination Based on Hair and Hairstyles: Protected or Knot?

Cornrows or locs may not fit your corporate image, but be careful: state and local legislation prohibiting workplace grooming and appearance policies that adversely impact employees of color have begun popping up around the…more

Anti-Discrimination Policies, Best Practices, Dress Codes, Employee Rights, Employee Training

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Brad McPherson

Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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Catherine Miller

The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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Matthew Moedritzer

Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

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Gregg Moran

Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time…more

COBRA, Compensation & Benefits, Coronavirus/COVID-19, Cost-Sharing, Employee Benefits

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John Morrison

Illinois Expands Employee Rights and Imposes New Obligations on Employers

New Illinois Expense Reimbursement Obligations - Joining employers in California and a growing number of other states, Illinois employers must now reimburse their employees for all expenditures or losses incurred within the…more

Breastfeeding, Employee Rights, Employment Policies, Leave of Absence, Military Service Members

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Paige Newman

New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can…more

Adverse Employment Action, Burden-Shifting, Civil Rights Act, Employees, Employer Liability Issues

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Brian Noh

Prepare NOW to Manage Your Workforce Through a Cyberattack

It is every employer’s worst nightmare: an unsuspecting employee receives an email in the early morning from an individual claiming to be his supervisor. The email asks him to follow up on an urgent work assignment that needs…more

Crisis Management, Cyber Attacks, Data Breach, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Bran Noonan

New Salary Threshold for Employees Exempt from Overtime

Exempt employees would have to be paid a minimum annual salary of $35,308 in order to be exempt from the overtime and record keeping requirements of the Fair Labor Standards Act, under the Department of Labor’s long-awaited…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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Felicia Leborgne Nowels

Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

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Brian Nugent

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market that…more

Accrued Benefits, Employer Liability Issues, Former Employee, Paid Time Off (PTO), Regulatory Requirements

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Erin O'Neal

Employee Wellness Developments: Keeping Your Finger on the Pulse

As we alluded in our “Preparing for the Unknown: Open Enrollment 2018” blog post, employers that are finalizing their employee benefit plan designs in advance of the 2018 plan year would be well-advised to monitor the…more

AARP, Americans with Disabilities Act (ADA), Corporate Counsel, Employee Benefits, Employer Group Health Plans

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Melissa Overbeck

“Ok, Boomer” Not Okay in the Workplace

The latest catchphrase in the ongoing generational battle between Millennials and their more senior counterparts may have consequences for employers if permitted in the workplace. The phrase, “OK, Boomer” has increasingly gained…more

ADEA, Age Discrimination, Disparate Impact, Employer Liability Issues, Employment Policies

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Emily Patajo

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Denise Gavica Perez

H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual…more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Rachel Perez

Luck Strikes Twice for Certain FY 2021 H-1B Petitioning Employers

Certain U.S. employers now have a second chance to refile Fiscal Year 2021 H-1B lottery visa petitions that were rejected or administratively closed solely because of the requested employment start on the petitions. Employers…more

Filing Requirements, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants

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Bruce Platt

Employers Should Ask Their Insurance Agents Whether Early Renewal Of Health Insurance Coverage Is Appropriate

While one of the greatest benefits of the federal Affordable Care Act ("ACA") is better access for all to quality healthcare, theoretically resulting in lower health care expenditures, there also are costs associated with the…more

Affordable Care Act, Employer Healthcare Costs, Fees, Health Insurance, Insurance Agents

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Jake Proudfoot

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that you…more

Adverse Employment Action, Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues

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Nicholas Purvis

The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, Fair Labor Standards Act (FLSA), Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Kimberly Rivera

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

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…more

Background Checks, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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John Roache

Avalanche of New Laws Create Additional Requirements for Illinois Employers

Illinois employers must be cognizant of new Illinois laws including bans on salary history inquiries, restrictions on artificial intelligence interview programs, mandatory sexual harassment prevention training, limitations on…more

#MeToo, Anti-Discrimination Policies, Artificial Intelligence, Cannabis Products, Casinos

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Amber Roberts

Employers Concerned about State Abortion Access Restrictions Weigh Options for Medical Travel Reimbursements

There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage. Among…more

Abortion, Compensation & Benefits, Corporate Counsel, Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Paul Rutigliano

Not So Fast: DOL Pauses Aspects of FLSA Tip Regulations Final Rule

Employers should continue to track and keep records of the percentage of time tipped wage earners spend performing non-tip eligible tasks, as the U.S. Department of Labor (DOL) has pressed pause on several provisions of the…more

Biden Administration, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Food Service Workers

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Rukayat Salaam

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Adrienne Scheffey

Pay Transparency Requirements on the Rise

Across the country, many states have enacted Equal Pay laws which require employers to comply with a variety of requirements, typically including limits on inquiries about prior salaries and the permissible rationale for pay…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Labor Regulations, Pay Equity Laws

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Sasha Segall

Expanding Rights for Breastfeeding Mothers

On the heels of a new federal law requiring certain public federal buildings to provide lactation spaces, California has enacted one of the most expansive sets of protections for breastfeeding employees in the country…more

Breastfeeding, Employee Rights, Employer Liability Issues, Employment Policies, New Legislation

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S. Montaye Sigmon

Work From Home – SOS! Post-Pandemic Legal Hazards

The pandemic has revolutionized the workplaces and remote workforces will almost certainly survive the end of the pandemic. A Gallup poll last fall indicated that 61 percent of workers expect to work remotely at least part of…more

Employer Liability Issues, Employment Tax, Income Taxes, Policies and Procedures, Remote Working

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Scott Silverman

Federal Contractors Face Dec. 8 Vaccination Deadline

Federal contractors covered by President Biden’s recent Executive Order 14042 must ensure that covered employees are fully vaccinated for COVID-19 no later than December 8, 2021, subject to applicable exceptions, pursuant to new…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Mandates, Executive Orders

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Nancy Sotomayor

What California Employers Need to Know About The Emergency Cal/OSHA COVID-19 Regulations

Nearly all California employers must take steps now to comply with the requirements imposed by the new slate of emergency regulations intended to minimize the spread of COVID-19 in California workplaces. These regulations,…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Peter Spanos

New Unemployment Obligations for Georgia Employers

Employers faced with layoffs and furloughs need to pay close attention to state unemployment laws, which are in flux and in some instances may impose extraordinary burdens on employers…more

Coronavirus/COVID-19, Emergency Rule, Furloughs, Layoffs, State and Local Government

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David Spector

Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

Department of Labor (DOL), Employee Handbooks, Employment Discrimination, Fair Labor Standards Act (FLSA), Hiring & Firing

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Matthew Steinberg

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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Mishell Parreno Taylor

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently…more

#MeToo, California, Employees, Employer Liability Issues, Hiring & Firing

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Melissa Torres

New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s narrow…more

Confidential Information, Employment Contract, Espionage, Florida, Intellectual Property Protection

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Jessica Travers

Be Prepared For Increase In COVID-19 Inspections Under OSHA’s New National Emphasis Program

On March 12, 2021, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) designed to significantly reduce worker exposure to COVID-19 by targeting industries and worksites where…more

Coronavirus/COVID-19, Employer Liability Issues, Health & Safety Standard, Infectious Diseases, Inspection Rights

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Genaira Tyce

Prepare Now for Anticipated Labor Law Changes in 2022

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB…more

Collective Bargaining, Employee Handbooks, Employee Rights, Employer Liability Issues, Independent Contractors

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Corina Valderrama

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

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…more

Appeals, Arbitration, Ballot Measures, Class Action, Class Action Arbitration Waivers

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Shayla Waldon

The Human Touch of Web Accessibility

Automation is the way of the future . . . or so we thought. Make no mistake, the technology at our fingertips is powerful. As we increasingly rely on it, we lose human interaction and that presents its own risks. Even in the…more

Americans with Disabilities Act (ADA), Automated Systems, Disability Discrimination, Proficiency Testing, Public Accommodation

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Phillip Walters

Thanks for Your Opinion, But We’ve Got This: SCOTUS Eliminates Long-Standing Deference to Federal Agency Statutory Interpretation

Based upon a recent ruling by the U.S. Supreme Court, federal regulatory agencies are no longer entitled to deference as to their interpretation of a statute that is ambiguous, and federal courts are now compelled to exercise…more

Administrative Procedure Act, Administrative Proceedings, Chevron Deference, Chevron v NRDC, Corner Post Inc v Board of Governors of the Federal Reserve System

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J. Everett Wilson

Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and…more

Companionship Exemptions, Department of Labor (DOL), Home Health Agencies, Home Health Care, Home Healthcare Workers

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M. Adil Yaqoob

Cool for the Summer: Workplace Safety in the Sizzling Summer Heat

Last year was the hottest year on record and 2024 could be even warmer. Employers should be on high alert as we head into the hottest season of the year, summer. With heat already being the leading cause of death among all…more

Employer Liability Issues, Health and Safety, Heat Exposure, NEP, OSHA

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Melissa Zinkil

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with…more

Confidentiality Agreements, Dodd-Frank, Employees, Employment Contract, Labor Reform

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