On February 8, 2024, in its Murray v. UBS Securities, LLC1 opinion, the U.S. Supreme Court unanimously held that a whistleblower pursuing a claim for retaliation under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to...more
2/14/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Intent ,
Murray v UBS Securities LLC ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Whistleblower Protection Policies ,
Whistleblowers
The new Occupational Safety and Health Administration (“OSHA”) emergency temporary standard mandating various COVID-19 policies and procedures for employers with at least 100 employees (“ETS”) has an uncertain future in light...more
11/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
The initial effective date of June 4, 2021, for New York’s HERO Act (“HERO”) is rapidly approaching, and soon all employers in New York will be required to adopt and implement model airborne infectious disease standards to be...more
5/28/2021
/ Civil Monetary Penalty ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Enforcement Actions ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Masks ,
NYDOL ,
Personal Protective Equipment ,
Sanitation ,
Workplace Safety
On February 4, 2021, the Protecting the Right to Organize Act (the “PRO Act”) was reintroduced by Democrats in the United States House of Representatives. If enacted, the PRO Act would dramatically transform American labor...more
2/19/2021
/ ABC Test ,
Arbitration Agreements ,
Boycotts ,
Browning-Ferris Industries of California Inc. ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Joint Employers ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Right to Work ,
Strike ,
Unfair Labor Practices
Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home,...more
There are still many unknowns when it comes to the long-term health impacts of COVID-19 infections. Although medical studies on these impacts are ongoing, preliminary research indicates that COVID-19 infections may...more
The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to...more
This week, OSHA released new guidance for employers, giving recommendations on how to reduce worker exposure to coronavirus in the face of the COVID-19 situation – a situation that the World Health Organization has now...more
Although the risk of exposure to the Coronavirus (or “Covid-19”) within most U.S. workplaces is uncertain, employers should nonetheless evaluate their emergency preparedness plans in response to the potential threat. While we...more
3/6/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
Have you ever considered the possibility that you might be the next person your contract attorney sues? As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit...more
We are all familiar with the federal WARN Act, which requires that employers give defined notices to employees ahead of certain layoffs or plant closings, but it is more difficult for employers to keep abreast of the...more