News & Analysis as of

Employer Liability Issues

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

by Fisher Phillips on

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

by Littler on

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium. The rule, published January 9, 2017, was initially set to take...more

Mid-Year Compliance Check-Up!

There are a number of new employment laws coming into effect on July 1, 2017. Below is a self-test checklist to ensure your business is prepared for them....more

There's No Crying at Work! But if an Employee Does Cry, Is That Sufficient Notice of the Need for FMLA Leave?

by Franczek Radelet P.C. on

Noemi was a secretary for a school district who claimed her coworkers made derogatory remarks about Hispanic students and their families. The last straw, according to Noemi, was when an associate principal allegedly told...more

Avoiding State Law Pitfalls (Part 4 of 4)

by Bryan Cave on

This is the fourth hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #4 - A manager of a Minneapolis, Minnesota restaurant calls you regarding an employee who...more

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

New bill regarding the safeguarding of competitiveness

by DLA Piper on

The Act of 19 March 2017 modifying the Act of 26 July 1996 (Act on the Salary Standard) creates a new framework for the social partners to determine the salary standard. This salary standard establishes the maximum margin by...more

Paid Leave Wars: The Battles Intensify

by Fox Rothschild LLP on

Mandatory paid leave is making some employers sick. With no national standard, states and cities are rolling out paid leave mandates at a dizzying pace. This presents daunting compliance challenges for employers with...more

New York's New Paid Family Leave Law: FAQs

by Davis Wright Tremaine LLP on

New York’s Paid Family Leave Benefits Law (the “NYPFL Law”), the most comprehensive paid family leave program in the nation, goes into effect January 1, 2018. Starting on that date, employees will be eligible for up to eight...more

It’s SUMMER! Top 4 Ways Employers Can Get Burned

We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. Sexist air conditioning. It seems like a long time since we’ve read...more

NYC’s “Freelance Isn’t Free Act” Might End Up Impacting Businesses Across the Country

by Fisher Phillips on

Many workers are leaving the comfort and stability of traditional 9 to 5 jobs in favor of more flexible options. This paradigm shift may be new to the general public, but it certainly does not appear to be a passing fad. In...more

Try Not to be so Friendly: Current Issues in Interviews and Advertising

by Davis Brown Law Firm on

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because juries typically will only believe employers if they “put it in...more

EEOC Holds Conversation With Society of Human Resource Management Foundation VP Tina Sung

AARP CEO Also Conducts Age Bias Dialogue With EEOC Acting Chair Victoria A. Lipnic - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Tina Sung from the Society for Human Resource...more

Beryllium Exposure Rule Going Through Changes, OSHA Admits

by Jackson Lewis P.C. on

The rule to lower permissible workplace exposure to beryllium is undergoing changes in a White House review, Occupational Safety and Health Administration deputy director for standards and guidance Maureen Ruskin has told...more

The Layers Of The Paid Sick Leave Law In Montgomery County, Maryland

by Jackson Lewis P.C. on

On October 1, 2016, Montgomery County’s Earned Sick and Safe Leave law became effective. This law allows all employees, with few exceptions, that work in Montgomery County, Maryland, to accrue paid and/or unpaid sick and...more

Zap! It’s the Devil – No Really: Accommodating Religious Beliefs

by SmithAmundsen LLC on

Imagine that in order to increase time and attendance record accuracy and efficiency, you have invested in a new biometric time clock system. This makes good business sense and overall, it is a straightforward issue…until HR...more

EEOC Wants Employers to “Reboot” Harassment Prevention

Many employers provide some training for their employees on the subject of sexual harassment. Recently, the EEOC has provided its view on employer training. The EEOC’s 16-person task force found that the training spent too...more

Avoiding State Law Pitfalls (Part 2 of 4)

by Bryan Cave on

This is the second hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #2 - A manager of a Chicago, Illinois restaurant calls you regarding a long-term employee...more

Who Reads the Instructions Anyway? The Role of Job Descriptions in Limiting Liability

by Davis Brown Law Firm on

How many times have you heard employment counsel say, “update your job descriptions?” Enough that you dream of updates? Enough that one of my clients commented, “I feel like that’s tattooed on my brain.” ...more

Arizona Mandatory Paid Sick Leave Update: Can We Use Our Old PTO System?

by Bryan Cave on

As Arizona employers prepare for the imminent July 1 effective date of Arizona’s first mandatory paid sick time law (The Fair Wages and Healthy Families Act (the “Act”)), one of the questions that we get most frequently is,...more

The EEOC Is Taking a Close Look at the Challenges Facing the ADEA

by Foley & Lardner LLP on

The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment....more

Trends in Pay Equity - Developments in California, New York, Massachusetts and Nationwide

by Payne & Fears on

The news abounds with discussions of fair pay and pay equity. This webinar covers new developments in California, New York, Massachusetts and elsewhere that pertain to employers in recruiting, promoting, and establishing pay...more

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

by Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

“You Can’t Fire Me, I Just Came Back From FMLA Leave.”

by Jackson Lewis P.C. on

Contrary to apparent popular belief, employees who have recently taken leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons unrelated to their FMLA leave. Establishing a...more

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