Over the past several weeks – or months, depending on where you are located – dealerships have had to quickly respond to challenges stemming from the COVID-19 outbreak. From closing sales departments, to working with...more
Social and traditional media has been buzzing with reports that healthcare providers – from nurses to physicians – are being discharged because they have publicly shared negative frontline experiences treating COVID-19...more
The healthcare industry is truly on the front lines of the nation’s and the world’s response to COVID-19. As a result, healthcare providers, their employees, and affiliates are likely already well-versed on the virus and how...more
3/24/2020
/ Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Physicians ,
Public Health ,
Quarantine ,
Remote Working ,
Sick Leave ,
Unions ,
Workplace Safety
Let’s face it – your dealership’s employee handbook is likely out of date, even if you just updated it in the past few years. Labor and employment laws continue to undergo significant changes at an astonishing rate. As a...more
“Hey Steve, this is Mr. Joe over here at Big Eats. Man, I have a problem and I need to pick your brain. I can’t find enough applicants and hire enough employees to fill the openings I have at my stores. I even had to close...more
6/5/2019
/ Employee Benefits ,
Employee Retention ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Hospitality Industry ,
Job Applicants ,
Labor Shortage ,
Minors ,
Recruitment Policies ,
Restaurant Industry ,
Wage and Hour
These days, just about every dealership operates a Lube Express. And why wouldn’t a dealership have one? The Lube Express can generate additional revenue and give the customers a reason to come back again and again. The trick...more
Statistics show that sexual harassment in the workplace is an unfortunate reality. Surveys conducted over the years have suggested that approximately 25 percent of women have experienced some sort of sexual harassment in the...more
11/5/2018
/ #MeToo ,
Anti-Harassment Policies ,
Car Dealerships ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Quid Pro Quo ,
Sexual Harassment ,
Workplace Harassment Guidance ,
Workplace Investigations
A federal appeals court recently upheld a half-million dollar verdict against a small Chicago retailer after it concluded that a male employee was the victim of sex discrimination. Although the employer admitted much of the...more
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more
8/2/2018
/ Anti-Harassment Policies ,
Appeals ,
Assisted Living Facilities (ALFs) ,
Civil Rights Act ,
Dismissals ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Health Care Providers ,
Hiring & Firing ,
Home Health Care ,
Hostile Environment ,
Human Resources Professionals ,
Patients ,
Reversal ,
Sexual Harassment ,
Title VII ,
Workplace Safety
A federal court in Virginia ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the local school district violated his constitutional rights when it prescribed which...more
5/31/2018
/ Amended Complaints ,
Colleges ,
Department of Education ,
Dismissals ,
Educational Institutions ,
Fourteenth Amendment ,
Gender Identity ,
Injunctions ,
LGBTQ ,
Remand ,
Reversal ,
School Districts ,
School Policies ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Universities
Healthcare is one of the country’s largest industries, accounting for trillions of dollars in annual spending. Given its magnitude, it should come as no surprise that healthcare and our national economy are inextricably...more
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 each month in 2017. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs
This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more
9/8/2017
/ COBRA ,
Department of Homeland Security (DHS) ,
Disaster Preparedness ,
Donations ,
Emergency Response ,
Employer Group Health Plans ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Hardship Distributions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Season ,
Labor Relations ,
Military Leave ,
Natural Disasters ,
Plant Closures ,
Popular ,
Retirement Plan ,
Severe Weather ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
Unless you have been living under a rock, you know that the United States has had a new president for about six months: Mr. Donald J. Trump. Many suggest (and I do not take a position on this) that President Trump was...more
7/27/2017
/ Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
National Origin Discrimination ,
Non-Discrimination Rules ,
Race Discrimination ,
Religious Discrimination ,
Retaliation ,
Social Media Policy ,
Title VII
President Trump signed an executive order on religious liberty last week to commemorate the National Day of Prayer. Like many before it, the exact contents of this order were hotly anticipated, fueled by White House leaks and...more
Employment law has always been on the cutting edge when it comes to emerging societal issues. Like little microcosms, the workplace reflects society as a whole. The healthcare industry is no exception. All people, regardless...more
5/3/2017
/ Americans with Disabilities Act (ADA) ,
Department of Health and Human Services (HHS) ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Gender Identity ,
Health Care Providers ,
Hospitals ,
Physicians ,
Section 1557 ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
It has been fewer than 100 days since Donald J. Trump became the 45th President of the United States of America. In this short time, there has been a flurry of immigration-related activity, which has caused the national...more
4/11/2017
/ Deportation ,
E-Verify ,
Form I-9 ,
Government Investigations ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Reform ,
Inspections ,
Notice Requirements ,
Raids ,
Search Warrant ,
Trump Administration
The hospitality industry is both a major employer and economic driver in the United States. Yet, historically, the Occupational Safety and Health Administration (OSHA) has been less than hospitable to the multi-billion dollar...more
Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more
3/7/2017
/ Appeals ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Obama Administration ,
Public Schools ,
Remand ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Title IX ,
Transgender ,
Trump Administration ,
Universities ,
Withdrawal
This summer I wrote about the dangers of English-only policies in this age of multiculturalism. These policies tend to emerge more frequently in the healthcare workplace, the reason being – the provision of quality care is...more
On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and...more
1/5/2017
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Federal Funding ,
Final Rules ,
Health Care Providers ,
Preliminary Injunctions ,
Religious Freedom Restoration Act (RFRA) ,
Secretary of HHS ,
Section 1557 ,
Trump Administration
If the goals for the healthcare industry could be distilled to a single word, that word would be “quality.” But the manner in which a provider achieves this varies widely. What works for a large system may not be appropriate...more
While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more
7/6/2016
/ Child Labor ,
Civil Monetary Penalty ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Immigration and Nationality Act ,
OSHA ,
Visas ,
Wage and Hour
The United States has long been referred to as a melting pot. But, some commentators challenge this notion, offering instead that the United States is more akin to a meal of separate and diverse ingredients; an orchestra of...more
Those in the heavily regulated healthcare industry know that patient information is sacrosanct. And for good reason; improper handling can result in hefty fines or criminal prosecution under the Health Insurance Portability...more