News & Analysis as of September 21, 2024

Hiring & Firing › Safe Harbors

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Diversity in Citizenship, Immigration Status, and National Origin: How to Navigate Modern Workforce Demographics

Baker Donelson on 12/12/2023

As of 2021, about 45 million people living in the U.S. were born in other countries. Though this number has declined since the 2018 peak of 47 million, foreign-born residents have averaged 15 – 16 percent of the U.S....more

[Ongoing Program] Answering Tough Questions About Independent Contractors, Joint Employment and the Contingent Workforce, Using...

BakerHostetler on 12/22/2021

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Pay Equity Comes to the Ocean State: What Rhode Island Employers Need to Know About New Pay Equity Law

Fisher Phillips on 8/16/2021

Rhode Island Governor Daniel McKee recently signed broad new pay equity legislation into law that will require you to change many common workplace practices, slated to take effect on January 1, 2023. While it might seem so...more

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on 4/5/2021

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Paycheck Protection Program Updates

FordHarrison on 5/11/2020

The CARES Act created the Paycheck Protection Program (“PPP”), which amended the Small Business Act (“SBA”) to provide short term loans to companies with fewer than 500 employees and other companies (such as those in the...more

Charting a Safe Course Into Equal Pay "Safe Harbors"

Nilan Johnson Lewis PA on 3/3/2020

The rising tide of state pay equity legislation shows no sign of abating, with several new laws set to become effective in 2020 and 2021. Many of these laws differ from the federal Equal Pay Act by defining comparable work...more

Financial Daily Dose 2.3.2020 | Top Story: Boeing’s 737 MAX Aircraft Face Continued Problems

Robins Kaplan LLP on 2/3/2020

Boeing Co.’s 737 MAX aircraft face continued problems from “potentially hazardous wiring.” European regulators want the manufacturer to relocate some of the wiring to prevent “potential short circuit[s], which in a worst-case...more

Restructuring Operations in the Wake of California AB 5? Don’t Overlook the Tax Implications

Littler on 10/30/2019

Businesses with operations in California have begun to identify options and implement strategies for compliance with Assembly Bill (AB) 5, which imposes the ABC test for identifying whether a worker is an independent...more

What’s Up In New Mexico Workplace Law

Holland & Hart - Employers' Lawyers on 6/14/2019

Gov. Michelle Lujan Grisham signed bills into law from the 2019 legislative session that will impact private employers in New Mexico. Below is a summary of several bills that change the law applicable to private employers....more

Web Exclusive: April 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 5/14/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Different Strokes for Different Folks: The Feasibility of Implementing Different Benefits Plans for Different Categories of...

Seyfarth Shaw LLP on 5/6/2019

In the growth of the gig economy, many employers are increasing the number of categories of their employees and associates. One challenge of the gig economy is determining when a worker qualifies as a full-time employee for...more

5 Takeaways From Oregon’s New Pay Equity Regulations

Fisher Phillips on 12/14/2018

Weeks before the bulk of Oregon’s new equal pay law will take effect, the state Bureau of Labor and Industries released implementing regulations to clarify the obligations that will soon be borne by the state’s employers....more

California Supreme Court Changes Test for Independent Contractor Status

Holland & Hart - Employers' Lawyers on 7/5/2018

For purposes of compliance with California wage orders, a company seeking to establish that a worker is an independent contractor rather than an employee now must meet a three-part test, according to a recent opinion by...more

Dynamex: Stricter Definition of Independent Contractors Brings New Challenges for California Employers

McDermott Will & Emery on 6/19/2018

Ron Holland, Ellen Bronchetti and Kevin Connelly presented on challenges California employers face in light of a stricter definition for independent contractors. They discuss the Dynamex presumption which places the burden on...more

There’s a Safe Way to Conduct Employee Compensation Surveys

Holland & Knight LLP on 4/16/2018

With the Justice Department now publicly cracking down on arrangements between employers such as so-called "no-poaching" agreements, what's an employer to do to make sure its compensation for employees with highly portable...more

Expect Focus - International - March 2018

Carlton Fields on 4/11/2018

Trends Against BITS and Investor State Dispute Resolution - In my first Expect Focus International article (http://bit.ly/2G9Demu), I suggested that investors doing business outside the United States should do so in...more

A Deeper Dive Into Oregon’s Landmark Pay Equity Law

Fisher Phillips on 12/22/2017

Six months ago, the Oregon legislature passed the most sweeping statewide equal pay law in the nation. It was a confusing move for some. After all, Oregon has had an equal pay law on the books since the early 1980s, while the...more

IRS Provides New 409A Guidance; New Proposed Regulations Provide Additional Clarity, Warn of Abusive Practices, and Present...

McDermott Will & Emery on 6/24/2016

In Depth - Additional flexibility to use Section 409A exemptions - ..Expanded availability of the rules for transaction-based compensation for stock rights and incentive stock options. The final regulations allow...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler on 10/13/2015

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable...more

Federal Court Approves $415 Million Settlement of Employee Antitrust Claims Against California Technology Employers

FordHarrison on 9/8/2015

On September 2, 2015, a federal trial court in California approved a $415 million settlement of an antitrust class action filed against a number of Silicon Valley technology employers, including Apple Inc. and Google, among...more

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

Littler on 6/16/2015

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years. The new...more

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

Holland & Knight LLP on 6/16/2015

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2014

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

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Hiring & Firing › Safe Harbors

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