Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more
7/17/2024
/ Audio Recording ,
Breach of Contract ,
Civil Liability ,
Criminal Liability ,
Digital Communications ,
Disciplinary Proceedings ,
Electronic Communications ,
Jurisdiction ,
Layoffs ,
Mobile Devices ,
NLRA ,
NLRB ,
Protected Activity ,
Risk Mitigation ,
Section 7 ,
Social Networks ,
State Labor Laws ,
Video Recordings ,
Wiretapping
A major change in Fair Labor Standards Act (FLSA) wage and hour jurisprudence has taken place, with BakerHostetler at the helm. In Clark, et al. v. A&L Home Care & Training Center, the Southern District of Ohio conditionally...more
On October 31, 2022, the National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a potentially spooky memorandum for employers regarding electronic surveillance and automated management. The memo...more
In response to the Dobbs decision, California enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In...more
10/11/2022
/ Abortion ,
Amended Legislation ,
Attestation Requirements ,
Civil Investigation Demand ,
Corporations Code ,
Covered Entities ,
Criminal Investigations ,
Data Privacy ,
Dobbs v. Jackson Women’s Health Organization ,
Electronic Communications ,
Evidence ,
Governor Newsom ,
Law Enforcement ,
Penal Code ,
Reproductive Healthcare Issues ,
Safe Harbors ,
Search Warrant ,
State Attorneys General ,
Twitter
Update: CMS recently modified compliance deadlines for facilities previously subject to the injunctions lifted by the Supreme Court. Those facilities must now comply with phase 1 of the CMS rule by February 13, 2022 and phase...more
A three-judge panel of the Sixth Circuit, on Dec. 17, 2021, considered whether or not to extend the Fifth Circuit’s stay of the OSHA emergency temporary standard vaccine mandate or to reinstate the mandate. In a 2-1 majority...more
On Nov. 30, 2021, the Eastern District of Kentucky enjoined President Biden’s federal contractor vaccine mandate in Commonwealth of Kentucky v. Joseph R. Biden. Under Executive Order 14042, covered contract employees and...more
On November 10, 2021, the States of Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire (plaintiff states) filed an action in the U.S. District Court of the Eastern...more
On Nov. 6, 2021, the U.S. Fifth Circuit Court of Appeals stayed OSHA’s emergency temporary standard (ETS) vaccine mandate pending expedited judicial review. The Fifth Circuit, in a case filed by staffing companies, determined...more
The Ohio Employment Law Uniformity Act (ELUA), H.B. 352, effective April 2021, provides much needed change and clarification of Ohio’s discrimination laws....more
Employers and other businesses are increasingly looking for technological solutions to minimize the burden of testing and security during the COVID-19 pandemic. Indeed, the use of facial recognition has surged during the...more
The pandemic has resulted in worker layoffs, furloughs, and terminations erasing nearly overnight the nation’s record low unemployment and ballooning the number of unemployment claims this last week to over 4.4 million....more
Amid the COVID-19 pandemic, numerous state and local authorities are instituting protective orders to stop the spread of the coronavirus. Ohio Governor Mike DeWine, Lt. Governor Jon Husted, and Ohio Department of Health...more
In continuing efforts to combat the COVID-19 health emergency, Ohio Governor Mike DeWine on March 22, 2020 issued through the Department of Health a state-wide “Stay at Home Order” for Ohioans. ...more
Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for 2018.
...more
4/17/2018
/ Arbitration Agreements ,
Chapter 11 ,
Commercial Bankruptcy ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial CHOICE Act ,
Financial Services Industry ,
Lenders ,
Libor ,
Mortgages ,
Payday Lending Rule ,
Single Director
A recent surge of class action lawsuits is challenging employers’ use of fingerprint timekeeping systems. In the past two months, at least 32 class action lawsuits have been filed in Illinois alleging noncompliance with the...more
As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet...more
The effective date of Ohio’s new concealed carry law that will alter the ability of Ohio’s employers to ban firearms on their property and premises is quickly approaching. Signed by Governor John Kasich on December 19, 2016,...more
As we explained in our client alert and blog posting on June 30, 2016, a Texas federal court on June 27 enjoined the United States Department of Labor (DOL) from implementing its new interpretation of the “Persuader Rule.” In...more
On Oct. 24, 2016, a U.S. District Court issued a preliminary injunction restraining the U.S. Government from implementing the “Fair Pay and Safe Workplaces” Executive Order and the related Final Rule and Guidance...more
11/1/2016
/ Arbitration Agreements ,
Blacklist ,
Davis-Bacon Act ,
Disclosure Requirements ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
Preliminary Injunctions ,
Reporting Requirements ,
Service Contract Act ,
Sexual Harassment ,
Title VII
On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the...more
The Ohio General Assembly heard testimony on May 18, 2016, in support of pending Senate Bill 268 (S.B. 268), the Employment Law Uniformity Act. S.B. 268 seeks to amend Ohio’s employment discrimination statute, R.C. Chapter...more
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1...more
Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline....more
On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more