FordHarrison

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271 17th Street NW, Suite 1900
Atlanta, GA 30363, United States
Phone: 404-888-3800
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Class Action
  • Immigration Law
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • Alabama
  • California
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Ohio
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

Tennessee Governor Issues Order Urging Residents to Stay Home

Tennessee Governor Bill Lee issued Executive Order No. 22 on Monday, March 30, 2020, urging all Tennesseans to stay at home as much as possible except for engaging in essential activities, like obtaining food, supplies, or…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

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Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect

A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss, finding…more

Breach of Contract, Collective Bargaining, Due Process, Motion to Dismiss, Universities

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CARES Act Temporarily Increases and Expands Unemployment Insurance Benefits

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide aid to small to mid-sized businesses and modify various benefit and tax provisions to mitigate the effects of…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

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Immigration-Specific Coronavirus Resources Available

Efforts to stem the spread of COVID-19 (coronavirus) have had a significant impact on employers who provide immigration sponsorship (both temporary and permanent) for employees.  But these impacts are also being felt more…more

Coronavirus/COVID-19, Foreign Workers, Form I-9, Immigrants, Immigration Procedures

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Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the…more

Civil Rights Act, Discrimination, Employment Discrimination, Gender Discrimination, Gender Identity

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The Department of Labor Changes Course on Tip-Pooling Restrictions

Quite a bit of effort goes into making an enjoyable restaurant experience, such as good food, prompt service and, of course, cleanliness. Want to reward the dishwashers for providing you with spotless silverware, expediters for…more

DOL, Employer Liability Issues, FLSA, Food Service Workers, Minimum Wage

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DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,…more

Anti-Competitive, Antitrust Provisions, Competition, DOJ, Employer Liability Issues

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Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior work…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Protection

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DOL Issues Opinion Letters Providing Guidance on Nondiscretionary Lump Sum Bonuses and Per-Project Payments

The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on January 7, 2020, addressing questions regarding overtime calculation for nondiscretionary lump sum bonuses and per-project payments…more

Bonuses, Compensation & Benefits, DOL, Employment Policies, FLSA

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Georgia Department of Labor Emergency Rule Requires Employers to File Partial Unemployment Claims on Behalf of Workers

In response to the COVID-19 pandemic, on March 16, 2020, the Georgia Department of Labor (DOL) passed an emergency rule suspending all in-person requirements for those seeking services provided by the agency…more

Coronavirus/COVID-19, Emergency Management Plans, Emergency Rule, Unemployment Benefits

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Recent Labor Board Developments Focus on Independent Contractors and Joint Employers

The National Labor Relations Board is continuing its rollback of progressive Obama-era decisions under the Trump administration. In recent years, the Board had uprooted several long established standards regarding the…more

Collective Bargaining, Employee Definition, Employer Liability Issues, Gig Economy, Hiring & Firing

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California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in the Cannabis Industry

As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions. On…more

Agribusiness, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Employee Rights

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Connecticut Update: State Issues Guidance Regarding What Businesses Are Exempt From Mandatory Closure

In Connecticut’s continued battle against the spread of COVID-19, on March 20, 2020, Connecticut Governor Ned Lamont issued Executive Order 7H, which directs, in relevant part that..…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Connecticut Governor Signs Executive Order Closing Schools and Ordering the Closure of Certain Businesses

On March 15, 2020, Connecticut Governor Ned Lamont signed Executive Order No. 7C (the “Order”) to encourage mitigation strategies to combat the pandemic of COVID-19 (Coronavirus). The next day, March 16, 2020, Governor Lamont…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Government Lockdown

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Airline Industry Alert: Dismissal of AIR21 Whistleblower Claim

On August 23, 2019, a Department of Labor Administrative Law Judge (ALJ) dismissed a claim filed against Delta Air Lines, Inc. (Delta) by former pilot Karl Seuring (Complainant) under the Wendell H. Ford Aviation Investment and…more

Adverse Employment Action, Airlines, ALJ, Aviation Industry, Delta Airlines

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Coronavirus Leave Bill Passes Senate – President Trump Expected to Sign

The U.S. Legislature has passed the Families First Coronavirus Response Act, which provides for a limited period of paid sick leave and expands the Family and Medical Leave Act to provide an extended period of unpaid or…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Sick Leave, Sick Pay

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A Hard Hat is Not Just for Men

In honor of Women in Construction Week and International Women’s Day, it is the perfect time to celebrate the diversifying workforce and increasing number of women working in the construction field…more

Construction Industry, Construction Workers, Corporate Culture, Diversity

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OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule…more

Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Final Rules, Incentives

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Connecticut Passes Sweeping Changes to its Human Rights Laws

In the continued fallout from the “me too” movement, Connecticut Governor Ned Lamont has signed new legislation imposing sweeping changes to Connecticut’s human rights law designed to reduce sexual harassment in the workplace…more

#MeToo, Employee Training, Employer Liability Issues, Harassment, Hostile Environment

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Airline Industry Alert: Court Finds Federal Law Preempts State Drug-Testing Law as Applied to Flight Attendant

In a decision that is good news for airline employers, a federal trial court in Minnesota has held that the state drug-testing statute, which prohibits discharging an employee the first time the employee fails a drug test, is…more

Airlines, Drug Testing, Federal Aviation Administration (FAA), Flight Crews, Hiring & Firing

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Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

A new Massachusetts law, the Pregnant Workers Fairness Act, will expand existing legal protections for pregnant employees beginning April 1, 2018. Most notably, employers will be required to provide reasonable accommodations for…more

Breastfeeding, Duty to Accommodate, New Legislation, Pregnancy, Pregnancy Discrimination

See all updates »

CARES Act Attaches Long-Term Strings to Mid-Sized Business Loans

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Stability (CARES) Act providing roughly $2 trillion in economic relief in response to the COVID-19 outbreak…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Employers Relax After Tennessee Court Rejects Anxious Employee's Failure to Accommodate Claim

On Tuesday, October 22, 2019, a Tennessee federal judge rejected a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) in which it claimed a nursing home failed to accommodate an employee with anxiety…more

ADA, Corporate Counsel, Disability Discrimination, EEOC, Employer Liability Issues

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Minnesota Governor Signs Stay at Home Executive Order Restricting Outside Movement

In an effort to slow the spread of COVID-19, on March 25, 2020 Minnesota Governor Tim Walz issued Executive Order 20-20 directing Minnesotans to stay at home and limit outside movement beyond essential needs…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Alabama Passes State Equal Pay Act

On June 11, 2019, Alabama Governor Kay Ivey signed into law the Clark-Figures Equal Pay Act (the “Alabama EPA”). The Alabama EPA provides that it shall be unlawful for an employer to “pay any of its employees at wage rates less…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing

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Virginia Governor Issues Stay at Home Order

As the COVID-19 outbreak continues to affect business around the country, Virginia Governor Ralph Northam issued Executive Order Fifty-Five on Monday, March 30, 2020, ordering all Virginians to stay at their place of residence…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Proposed Biometric Information Regulation May Impact Florida Employers

As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent proposed…more

Arbitration Agreements, Biometric Information, Biometric Information Privacy Act, Collective Bargaining Agreements (CBA), Data Collection

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U.S. DOL Plans to Review Contractor Affirmative Action Certification

On August 3, 2018, the head of the U.S. Department of Labor’s (DOL) contractor enforcement office announced that the DOL intends to identify and audit contractors who fail to certify their affirmative action compliance to the…more

Affirmative Action, Audits, Certification Requirements, Cooperative Compliance Regime, DOL

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California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Virginia Governor Issues Stay at Home Order

As the COVID-19 outbreak continues to affect business around the country, Virginia Governor Ralph Northam issued Executive Order Fifty-Five on Monday, March 30, 2020, ordering all Virginians to stay at their place of residence…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

South Carolina Pregnancy Accommodations Act

Effective May 17, 2018, a new South Carolina law, the Pregnancy Accommodations Act, expanded existing state law protections for pregnant employees. Most notably, the new law requires employers to provide reasonable…more

Breastfeeding, Employee Rights, Employer Liability Issues, New Legislation, Posting Requirements

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Georgia and the City of Atlanta Issue Separate 14-Day Restrictions Ordering Certain Residents to Stay at Home in an Effort to Reduce the Spread of COVID-19

On March 23, 2020, the State of Georgia and City of Atlanta issued two separate orders aimed at reducing the spread of COVID-19 across the state over the next 14 days. First, Governor Brian Kemp issued a “shelter-in-place”…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

A new Massachusetts law, the Pregnant Workers Fairness Act, will expand existing legal protections for pregnant employees beginning April 1, 2018. Most notably, employers will be required to provide reasonable accommodations for…more

Breastfeeding, Duty to Accommodate, New Legislation, Pregnancy, Pregnancy Discrimination

See all updates »

Mecklenburg County, North Carolina (Charlotte) Imposes "Stay at Home Order" for All County Residents beginning March 26, 2020

Summary: As the number of COVID-19 cases continue to rise in Mecklenburg County, the Charlotte-Mecklenburg Emergency Management Office has announced a Stay-at-Home Order for County residents (the “Order”). The Order will go into…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

New York State Enacts Emergency Paid Sick Leave Law and Orders Employers to Reduce 100% of In-Person Nonessential Workers

On March 18, 2020, New York State Governor Andrew M. Cuomo signed a bill that guarantees emergency paid sick leave and job protections for individuals who have been quarantined as a result of the Coronavirus, or COVID-19…more

Coronavirus/COVID-19, Quarantine, Sick Leave, Sick Pay, Workplace Safety

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Seventh Circuit Holds Distressed County Did Not Violate ADEA When It Terminated Rehired Retirees to Preserve Supplemental Health Insurance Coverage and Avoid Additional Costs

On July 26, 2017, the United States Court of Appeals for the Seventh Circuit in Carson v. Lake County, Indiana affirmed the district court’s order granting summary judgment to the employer on the plaintiffs’ Age Discrimination…more

ADEA, Age Discrimination, Corporate Counsel, Discrimination, Employee Benefits

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New Jersey Governor Orders All Non-Essential Retail Operations Closed Indefinitely; All Employers to Limit On-Site Workers and Allow Remote Work to Maximum Extent Possible

On March 21, 2020, New Jersey Governor Philip J. Murphy issued additional restrictions on New Jersey businesses in an effort to combat the spread of coronavirus/COVID-19 in the Garden State…more

Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Murphy, Infectious Diseases

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Is the Gig Economy on Life Support? New York Proposes Process for Sweeping Changes to Worker Classification

Proposed New York Legislation - In his 2020 budget proposal, Governor Andrew Cuomo proposed creating a 9-member marketplace worker classification task force to address seismic changes to the way independent contractors and…more

ABC Test, Employee Definition, Employer Liability Issues, Federal Agency Taskforce, Freelance Workers

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[Webinar] Coronavirus (COVID-19) - Is Your Business Ready for the Employment & Employee Benefit Changes? - March 20th, 2:00 pm - 3:00 pm ET

There currently is no vaccine to prevent Coronavirus (COVID-19) and on March 10, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic. Businesses in the U.S. need to be prepared to deal with COVID-19 in the…more

ADA, Best Practices, Continuing Legal Education, Coronavirus/COVID-19, Employee Assistance Programs

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California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and…more

Employment Litigation, Health Care Providers, Hiring & Firing, Hospitals, Jury Trial

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St. Charles County, Missouri Issues Stay-at-Home Order

Summary: In an effort to fight against the COVID-19 pandemic, while recognizing that the government must not hinder the delivery of essential services nor the ability of the market place to provide essential goods and services,…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

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October Brings Employment Law Changes to Maryland

October in Maryland is a time of ripening pumpkins and falling leaves. October 1 is also the date when many (but not all) laws passed by the Maryland General Assembly go into effect…more

#MeToo, Employer Liability Issues, Labor Regulations, Leave of Absence, New Legislation

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Mecklenburg County, North Carolina (Charlotte) Imposes "Stay at Home Order" for All County Residents beginning March 26, 2020

Summary: As the number of COVID-19 cases continue to rise in Mecklenburg County, the Charlotte-Mecklenburg Emergency Management Office has announced a Stay-at-Home Order for County residents (the “Order”). The Order will go into…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

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California Court Holds Rounding Employee Time Punches to Nearest Quarter Hour OK—Under the Circumstances

Under California law, employers are required to pay employees for “all hours worked” when subject to the employer’s “control.” This raises the question: if an employer uses a timekeeping system that automatically rounds employee…more

Appeals, Class Action, Employer Liability Issues, Rounding, Time_Rounding

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Organized Labor’s International Strategy To Solve Its Domestic Crisis: A look at how American labor unions are reaching out to European and other international allies to influence U.S. labor relations and how companies should respond

Another major factor contributing to organized labor’s decline in the U.S. is the global economy. Asthe market for goods and services transitioned from domestic to global, U.S. companies faced downward pressure on labor costs to…more

Automotive Industry, DaimlerChrysler, Germany, Global Economy, SEIU

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What if Michael Scott Had Contracted Coronavirus?

During a particularly good episode of The Office, Michael Scott burned his foot, made a screaming SOS call to the receptionist imploring the good people of Dunder-Mifflin for assistance, wrapped his leg in bubble wrap, and took…more

Best Practices, Business Continuity Plans, China, Confidential Information, Coronavirus/COVID-19

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Employers Should be Prepared for the Challenges of the 2019 Hurricane Season

As Hurricane Dorian, the first hurricane of the 2019 Atlantic season, bears down on Florida, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to…more

Corporate Counsel, Employer Liability Issues, Exempt-Employees, FLSA, FMLA

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Connecticut Update: State Issues Guidance Regarding What Businesses Are Exempt From Mandatory Closure

In Connecticut’s continued battle against the spread of COVID-19, on March 20, 2020, Connecticut Governor Ned Lamont issued Executive Order 7H, which directs, in relevant part that..…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Municipal Liability Under the ADA for Website Inaccessibility

Many business owners have faced litigation under the Americans with Disabilities Act (ADA) by disabled individuals who claim the businesses’ websites are inaccessible…more

ADA, Disability Discrimination, Information Technology, Municipalities, Public Accommodation

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Celebrating Black Barbie’s 40th Anniversary and a Workplace D&I Victory

This year marks the 40th anniversary of Mattel’s very first black Barbie®, which debuted in 1980 and was designed by fashion pioneer Kitty Black Perkins, a native of Spartanburg, South Carolina. Perkins’ hard work and…more

Children's Toys, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Gender Discrimination

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Non-Compete News: Georgia Court of Appeals Clarifies Definition of "Key Employee" Under the Georgia Restrictive Covenants Act

The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) governs non-compete agreements in Georgia entered into after May 2011 and sets forth that such agreements can be used only with respect to certain employees…more

Appeals, Competition, Confidential Information, Employee Definition, Employer Liability Issues

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Airline Industry Alert: Dismissal of AIR21 Whistleblower Claim

On August 23, 2019, a Department of Labor Administrative Law Judge (ALJ) dismissed a claim filed against Delta Air Lines, Inc. (Delta) by former pilot Karl Seuring (Complainant) under the Wendell H. Ford Aviation Investment and…more

Adverse Employment Action, Airlines, ALJ, Aviation Industry, Delta Airlines

See all updates »

Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out” on…more

Corporate Counsel, Employee Rights, Employment Policies, Fast-Food Industry, Hiring & Firing

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OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule…more

Anti-Retaliation Provisions, Drug Testing, Employer Liability Issues, Final Rules, Incentives

See all updates »

Connecticut Update: State Issues Guidance Regarding What Businesses Are Exempt From Mandatory Closure

In Connecticut’s continued battle against the spread of COVID-19, on March 20, 2020, Connecticut Governor Ned Lamont issued Executive Order 7H, which directs, in relevant part that..…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, DOL, Persuader Rules, Reporting Requirements, Unions

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Despite Agency Appeal, Employers Required to Submit Component 2 Pay Data for Years 2017 and 2018 by September 30, 2019

On May 3, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) confirmed that employers will be required to submit Component 2 pay data for years 2017 and 2018 to the EEOC by September 30, 2019…more

Data Collection, EEO-1, EEOC, Employer Liability Issues, Filing Deadlines

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Six More Texas Counties Join Dallas County by Implementing Shelter in Place Orders

Summary: After Dallas County took the lead on Monday, March 23, by implementing a “shelter-in-place” order, other Texas counties quickly followed suit to take action to help stop the spread of COVID-19…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

SCOTUS Scheduled to Hear Oral Arguments on Whether LGBTQ Rights Are Protected by Title VII

The next session of the Supreme Court of the United States (SCOTUS) is just around the corner. On October 8, 2019, SCOTUS will hear oral argument on three closely watched cases, Bostock v. Clayton Co., Georgia, Altitude Express,…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, Corporate Counsel, EEOC v RG & GR Harris Funeral Homes

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Judge Refuses To Dismiss Domino’s Collective Action Without Seeing Settlement Agreement

On May 17, 2019, Judge Renee Marie Bumb of the United States District Court for the District of New Jersey rejected the parties’ request to dismiss a Fair Labor Standards Act (“FLSA”) lawsuit without the Judge’s review of the…more

Class Members, Dominos, Employer Liability Issues, Employment Litigation, Fast-Food Industry

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How does the Designation of Coronavirus as a Pandemic Impact Healthcare Employers?

As most employers know, on March 10, 2020, the World Health Organization (WHO) declared coronavirus disease 19 (COVID-19) a pandemic. While COVID-19 will impact employers in multiple ways, healthcare providers, including local…more

China, Coronavirus/COVID-19, Crisis Management, EEOC, Emergency Management Plans

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DOL Provides More Insight into FMLA Leave Designation

Under the Family and Medical Leave Act of 1993 (FMLA), eligible employees of covered employers are entitled to up to 12 weeks of unpaid leave (26 weeks, if for care of a covered service member) with job protection benefits in…more

Collective Bargaining, DOL, Employer Liability Issues, Employment Litigation, FMLA

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"Lifting Up Illinois Working Families Act" Increases Minimum Wage to $15 Per Hour (And Penalties for Non-Compliance)

Illinois Governor J.B. Pritzker signed the Lifting Up Illinois Working Families Act into law on February 19, 2019. The Act gradually increases the minimum wage to $15 per hour over the next six years. Illinois is now the fifth…more

Minimum Wage, New Legislation, Recordkeeping Requirements, Regulatory Standards, State and Local Government

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Who Let the Dogs In? Legal Requirements for Service Animals in Businesses and the Workplace

As a proud “dog dad,” I certainly appreciate our furry friends. However,service animals can cause problems in the workplace and leave businesses questioning how to handle the situation. There are two major issues for businesses…more

ADA, Disability Discrimination, Dog-Friendly Workplace, Employer Liability Issues, Employment Policies

See all updates »

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

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Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining purposes…more

Collective Bargaining, Employee Benefits, Harris v Quinn, Healthcare, SCOTUS

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Florida's Pinellas County Issues Safer at Home Order

On March 25, 2020, Pinellas County issued an order directing citizens to comply with the CDC guidelines of maintaining a distance of 6 feet from other individuals and not gathering in groups of more than 10 individuals, and to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

New Jersey Governor Orders All Non-Essential Retail Operations Closed Indefinitely; All Employers to Limit On-Site Workers and Allow Remote Work to Maximum Extent Possible

On March 21, 2020, New Jersey Governor Philip J. Murphy issued additional restrictions on New Jersey businesses in an effort to combat the spread of coronavirus/COVID-19 in the Garden State…more

Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Murphy, Infectious Diseases

See all updates »

California Issues New Guidance on Identifying the "Essential Critical Infrastructure Workforce" During the COVID-19 Pandemic Response

As discussed in our prior alert, on March 19, 2020, California’s Governor Gavin Newsom issued a state-wide "stay at home" order ("Executive Order") requiring many, if not most, California residents to remain home…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Virginia Announces Closure of Non-Essential Businesses and K-12 Schools

Summary: On March 23, 2020, the Virginia Governor Ralph Northam issued Executive Order Fifty-Three, which orders the closure of certain non-essential businesses, bans all gatherings of more than 10 people, and closes all K-12…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

What Issues May Employers Be Required to Address as Hurricane Florence Threatens?

As the East Coast of the U.S. braces for Hurricane Florence, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as they…more

Employer Liability Issues, Exempt-Employees, FLSA, FMLA, Hurricane Season

See all updates »

"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any…more

Collective Bargaining, DOL, Persuader Rules, Reporting Requirements, Unions

See all updates »

Immigration-Specific Coronavirus Resources Available

Efforts to stem the spread of COVID-19 (coronavirus) have had a significant impact on employers who provide immigration sponsorship (both temporary and permanent) for employees.  But these impacts are also being felt more…more

Coronavirus/COVID-19, Foreign Workers, Form I-9, Immigrants, Immigration Procedures

See all updates »

California Is the First To Bring European-Grade Data Protections To The United States

California has become the first state to introduce privacy protection for individuals’ personal data comparable to that provided under the European Union’s General Data Protection Regulation (GDPR). The California Consumer…more

Cybersecurity, Data Collection, Data Rights, Disclosure Requirements, Governor Brown

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California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Six More Texas Counties Join Dallas County by Implementing Shelter in Place Orders

Summary: After Dallas County took the lead on Monday, March 23, by implementing a “shelter-in-place” order, other Texas counties quickly followed suit to take action to help stop the spread of COVID-19…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA overtime…more

Appeals, Compensation & Benefits, Contract Terms, Economic Realities Test, Employer Liability Issues

See all updates »

Airline Management Newsletter - February 2014

Ninth Circuit Upholds Strike Injunction Against Non-Union Employees - Executive Summary: The Ninth Circuit recently affirmed the decision of a federal trial court, which granted a strike injunction against unrepresented…more

Airlines, Airports, Aviation Industry, Collective Bargaining, Employer Liability Issues

See all updates »

Implementation of DOL's New Persuader Rule Permanently Blocked

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez (N.D…more

Administrative Procedure Act, Arbitrary and Capricious, DOL, Filing Requirements, First Amendment

See all updates »

Home is Where the Job Is ... The Pros and Cons of Alternative Work Arrangements for Employers

Whether you blame advances in technology or the influx of millennials into the modern workplace, the age of time cards and punch clocks is inching ever closer to extinction. In research recently conducted by ADP, “freedom” was…more

ADA, Flexible Work Arrangements, FLSA, FMLA, Reasonable Accommodation

See all updates »

St. Charles County, Missouri Issues Stay-at-Home Order

Summary: In an effort to fight against the COVID-19 pandemic, while recognizing that the government must not hinder the delivery of essential services nor the ability of the market place to provide essential goods and services,…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

"Better Ingredients, Better Pay?" – Federal Court Provides Guidance on FLSA Compliance and Reimbursement of Expenses for Pizza Delivery Drivers

Executive Summary: On November 5, 2019, a federal district court in Ohio issued a decision clarifying the law governing whether owners of 73 Papa John’s franchised locations violated the Fair Labor Standards Act (FLSA) by…more

Compensation & Benefits, Delivery Drivers, DOL, Field Operations Manual, FLSA

See all updates »

CARES Act Temporarily Increases and Expands Unemployment Insurance Benefits

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide aid to small to mid-sized businesses and modify various benefit and tax provisions to mitigate the effects of…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Financial Stimulus, Relief Measures

See all updates »

Welcome to the Holiday Season! Reminders for Hiring Seasonal Employees

Last week, the Wall Street Journal reported that holiday season hiring started as early as June this year. If your company is one of the many that substantially increases its workforce for the holidays, keeping the following…more

Employee Benefits, Employee Training, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

See all updates »

Dress Code Tips Inspired by JLo and Shakira’s Halftime Performance

Is it just me, or has JLo and Shakira’s halftime performance at the Super Bowl received more attention than the game itself? As with so many other issues these days, we are a country divided. Some believe the performance was…more

Civil Rights Act, Dress Codes, EEOC, Employer Liability Issues, Employment Discrimination

See all updates »

Florida’s Minimum Wage Rate Increases January 1, 2020

Effective January 1, 2020, Florida’s minimum wage rate will increase from $8.46 per hour to $8.56 per hour. The increase is calculated by the Florida Department of Economic Opportunity and is based on the percentage increase in…more

Employer Liability Issues, Florida, FLSA, Labor Regulations, Minimum Wage

See all updates »

New York State Enacts Emergency Paid Sick Leave Law and Orders Employers to Reduce 100% of In-Person Nonessential Workers

On March 18, 2020, New York State Governor Andrew M. Cuomo signed a bill that guarantees emergency paid sick leave and job protections for individuals who have been quarantined as a result of the Coronavirus, or COVID-19…more

Coronavirus/COVID-19, Quarantine, Sick Leave, Sick Pay, Workplace Safety

See all updates »

New FCRA Summary of Rights for Background and Credit Checks

On September 12, 2018, the Consumer Financial Protection Bureau (CFPB), the federal agency which oversees the federal Fair Credit Reporting Act (FCRA) issued an interim final rule updating the agency’s model FCRA notice…more

Background Checks, CFPB, Credit Reports, Employer Liability Issues, Employment Policies

See all updates »

Students in Clinical Training Program Were Not Employees Under the FLSA

A federal trial court in Florida recently issued a significant decision on the issue of unpaid trainees under the FLSA, finding that 25 former students of Wolford College were not employees when they participated in a clinical…more

Classification, Employee Rights, FLSA, Full-Time Employees, Students

See all updates »

Alabama Passes State Equal Pay Act

On June 11, 2019, Alabama Governor Kay Ivey signed into law the Clark-Figures Equal Pay Act (the “Alabama EPA”). The Alabama EPA provides that it shall be unlawful for an employer to “pay any of its employees at wage rates less…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing

See all updates »

California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

New Jersey Governor Orders All Non-Essential Retail Operations Closed Indefinitely; All Employers to Limit On-Site Workers and Allow Remote Work to Maximum Extent Possible

On March 21, 2020, New Jersey Governor Philip J. Murphy issued additional restrictions on New Jersey businesses in an effort to combat the spread of coronavirus/COVID-19 in the Garden State…more

Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Murphy, Infectious Diseases

See all updates »

Minnesota Governor Signs Stay at Home Executive Order Restricting Outside Movement

In an effort to slow the spread of COVID-19, on March 25, 2020 Minnesota Governor Tim Walz issued Executive Order 20-20 directing Minnesotans to stay at home and limit outside movement beyond essential needs…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Service Animals and the ADA - Part IV

The Americans With Disabilities Act (ADA) requires covered entities to make "reasonable modifications" in their policies, practices, or procedures when necessary to accommodate people with disabilities. Many individuals with…more

ADA, Disability Discrimination, Dog-Friendly Workplace, Employer Liability Issues, Employment Policies

See all updates »

Unemployment Insurance Issues for Illinois Employers When Determining Whether to Reduce Hours

As Illinois employers ponder their futures amid the COVID-19 crisis, many are trying to determine whether some form of reducing employees’ hours is the solution. Many have inquired whether their employees can make up the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Relief Measures, Unemployment Benefits

See all updates »

Georgia and the City of Atlanta Issue Separate 14-Day Restrictions Ordering Certain Residents to Stay at Home in an Effort to Reduce the Spread of COVID-19

On March 23, 2020, the State of Georgia and City of Atlanta issued two separate orders aimed at reducing the spread of COVID-19 across the state over the next 14 days. First, Governor Brian Kemp issued a “shelter-in-place”…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

New Jersey Governor Orders All Non-Essential Retail Operations Closed Indefinitely; All Employers to Limit On-Site Workers and Allow Remote Work to Maximum Extent Possible

On March 21, 2020, New Jersey Governor Philip J. Murphy issued additional restrictions on New Jersey businesses in an effort to combat the spread of coronavirus/COVID-19 in the Garden State…more

Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Murphy, Infectious Diseases

See all updates »

Department of Labor Deflates the 80/20 Rule & Inflates the Tip Pool

On Monday, October 7, 2019, the Department of Labor (DOL) proposed a new 80/20 rule and tip pooling regulation. First, the proposed regulation, if finalized, will permit employers to take a tip credit regardless of the amount…more

Comment Period, DOL, Employer Liability Issues, FLSA, Food Service Workers

See all updates »

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and…more

Employment Litigation, Health Care Providers, Hiring & Firing, Hospitals, Jury Trial

See all updates »

California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

New FMLA Forms Available from Department of Labor

The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018…more

DOL, Employee Rights, Employer Liability Issues, FMLA, FMLA Certification Forms

See all updates »

New York State Enacts Emergency Paid Sick Leave Law and Orders Employers to Reduce 100% of In-Person Nonessential Workers

On March 18, 2020, New York State Governor Andrew M. Cuomo signed a bill that guarantees emergency paid sick leave and job protections for individuals who have been quarantined as a result of the Coronavirus, or COVID-19…more

Coronavirus/COVID-19, Quarantine, Sick Leave, Sick Pay, Workplace Safety

See all updates »

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

On December 6, 2019, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) ruled that judicial approval of Fair Labor Standard Act (FLSA) settlements resolved under Federal Rule of Civil…more

Employment Litigation, Fairness Standard, Federal Rules of Civil Procedure, FLSA, Judicial Review

See all updates »

[Event] "Operating in the Wake of the #MeToo Movement - Its Impact on Operations, Litigation, and Management" - Complimentary Breakfast Briefing - March 14th, Tampa, FL

The #MeToo movement has had a widespread impact on the workplace. Among considerations, employers are now faced with tax issues related to the settlement of sexual harassment claims, changes to local and national sexual…more

#MeToo, Best Management Practices, Continuing Education, Continuing Legal Education, Employer Liability Issues

See all updates »

New Jersey Governor Orders All Non-Essential Retail Operations Closed Indefinitely; All Employers to Limit On-Site Workers and Allow Remote Work to Maximum Extent Possible

On March 21, 2020, New Jersey Governor Philip J. Murphy issued additional restrictions on New Jersey businesses in an effort to combat the spread of coronavirus/COVID-19 in the Garden State…more

Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Murphy, Infectious Diseases

See all updates »

Connecticut Update: State Issues Guidance Regarding What Businesses Are Exempt From Mandatory Closure

In Connecticut’s continued battle against the spread of COVID-19, on March 20, 2020, Connecticut Governor Ned Lamont issued Executive Order 7H, which directs, in relevant part that..…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

COVID-19 and Force Majeure Claims in Performance of Contracts

Executive Summary: As the COVID-19 pandemic rapidly spreads across the globe, disrupting public life as we know it, many businesses and employers are probably wondering, “Do I still have to perform my obligations under this…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

See all updates »

Watch out for IRS letters: IRS Begins Enforcing Employer Mandate

The IRS has recently begun enforcing the “employer shared responsibility” (ESR) provisions of the Affordable Care Act (the "Act"), which require employers having 50 or more full-time employees (or full-time equivalent employees)…more

Affordable Care Act, Employee Benefits, Employer Mandates, Form 1094, Health Insurance

See all updates »

Nashville Mayor Issue Stay at Home Order; Tennessee Governor Orders Closure of All Dine-In Restaurants, Bars and Workout Facilities – Both Effective Midnight March 22, 2020

In an effort to reduce the spread of COVID-19 and protect the health care system from being overwhelmed, Nashville, Tennessee Mayor John Cooper has announced a “Safer at Home” Order, closing all nonessential businesses and…more

Business Closures, Coronavirus/COVID-19, Essential Functions, Executive Orders, Governor Lee

See all updates »

Maryland's Healthy Working Families Act Requires Employers in the State to Provide Sick/Safe Leave

On January 12, 2018, the Maryland Legislature overrode Governor Hogan’s 2017 veto of the Maryland Healthy Working Families Act (the “Act”). As a result, Maryland employers with 15 or more employees are now required to provide…more

Employee Rights, New Legislation, Paid Leave, Paid Time Off (PTO), Preemption

See all updates »

Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability

Executive Summary: While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train…more

Employer Liability Issues, Estoppel, FMLA, Human Resources Professionals, Retaliation

See all updates »

Washington D.C. Orders All Non-Essential Businesses Closed Beginning March 25, 2020

In an effort to stem the tide of increasing COVID-19 cases in the District of Columbia, Mayor Muriel Bowser announced on Tuesday March 24, 2020, that she is ordering all non-essential business within the city to close their…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Chicago and Cook County Paid Sick Leave Ordinances - A Differential Diagnosis of Implementing Rules

As most employers in the “Chicagoland” area are hopefully already aware, both Chicago and Cook County have enacted paid sick leave (PSL) ordinances that go into effect July 1, 2017. Although the two ordinances are remarkably…more

Local Ordinance, Paid Leave, Paid Time Off (PTO), Sick Leave, Wage and Hour

See all updates »

Employers Must Post Family First Coronavirus Response Act Poster April 1, 2020

The Family First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, takes effect on April 1, 2020 and applies to leave taken through…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Posting Requirements, Relief Measures

See all updates »

Federal Judge Enjoins City of Dallas' Paid Sick Leave Ordinance Set To Be Enforced on April 1

As many employers across the country are gearing up for the April 1 effective date of the Families First Coronavirus Response Act leave provisions, employers of Dallas employees were also concerned about how the City of Dallas’…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Motion To Enjoin, Relief Measures

See all updates »

Connecticut Passes Sweeping Changes to its Human Rights Laws

In the continued fallout from the “me too” movement, Connecticut Governor Ned Lamont has signed new legislation imposing sweeping changes to Connecticut’s human rights law designed to reduce sexual harassment in the workplace…more

#MeToo, Employee Training, Employer Liability Issues, Harassment, Hostile Environment

See all updates »

Resource Update: Innovative Strategies for Defending Against the Rising Tide of Wage and Hour Class and Collective Action Claims

Over the last decade, employers increasingly have been bombarded with wage and hour lawsuits filed by current and former employees under the Fair Labor Standards Act (FLSA) and various state law equivalents. Though no talisman…more

Class Action, Collective Actions, Employee Rights, Employer Liability Issues, FLSA

See all updates »

NMB Adopts Rule Change to Simplify the Decertification Process of Labor Unions

 On July 26, 2019, the National Mediation Board (NMB) announced that it is amending its regulations to provide a straightforward procedure for the decertification of labor unions…more

Decertification, National Mediation Board (NMB), New Regulations, Railway Labor Act, Rulemaking Process

See all updates »

U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge

On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby…more

AFL-CIO, Airline Deregulation Act, Airline Employees, Aviation Industry, Collective Bargaining Agreements (CBA)

See all updates »

NLRB Further Expands Private Property Rights by Limiting Non-Employee Handbilling

In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) ruled that a property owner may exclude from its property off-duty contractor employees engaged in Section 7 activity unless (1) those employees work…more

Corporate Counsel, Employee Rights, Exclusions, NLRB, Non-Employees

See all updates »

[Webinar] Is Your Business Ready to Deal with Coronavirus (COVID-19)? - March 6th, 1:00 pm ET

There currently is no vaccine to prevent Coronavirus (COVID-19). Despite preventive measures by governments and health organizations, the disease is continuing to spread to more people and countries. Businesses in the U.S…more

ADA, Best Practices, Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues

See all updates »

The Good Place?

A few months ago, my favorite blogger introduced me to a Netflix series entitled The Good Place. She gave no description of the show but highly recommended it and praised the writers’ creativity. With all the coronavirus…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Relief Measures, Sick Leave

See all updates »

St. Charles County, Missouri Issues Stay-at-Home Order

Summary: In an effort to fight against the COVID-19 pandemic, while recognizing that the government must not hinder the delivery of essential services nor the ability of the market place to provide essential goods and services,…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Operators of Essential Services

See all updates »

Department of Labor Deflates the 80/20 Rule & Inflates the Tip Pool

On Monday, October 7, 2019, the Department of Labor (DOL) proposed a new 80/20 rule and tip pooling regulation. First, the proposed regulation, if finalized, will permit employers to take a tip credit regardless of the amount…more

Comment Period, DOL, Employer Liability Issues, FLSA, Food Service Workers

See all updates »

[Webinar] How NLRB's Flurry of Late-Year Activity Turned Back the Clock on Obama-era Decisions and Administrative Rule-making - January 28th, 1:00 pm ET

As 2019 came to a close, the NLRB overturned several significant decisions, approved the settlement of a long-running joint-employer case, and made significant modifications to its elections rules. Join FordHarrison attorneys…more

Continuing Legal Education, Employer Liability Issues, Employment Litigation, Human Resources Professionals, Joint Employers

See all updates »

Multiemployer Pension Plans: Section 1405 – Limitation on Withdrawal Liability

In a recent decision involving a withdrawal liability assessment by a multiemployer pension plan, an arbitrator reduced the assessment by approximately 50 percent and ruled in favor of the employer on several significant legal…more

Arbitrators, Compensation & Benefits, Employee Benefits, Multiemployer Pension Plan Amendments Act (MPPAA), Multiemployer Plan

See all updates »

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law…more

ADA, Decriminalization of Marijuana, Disability Discrimination, Drug Testing, Employment Policies

See all updates »

Coronavirus Leave Bill Passes Senate – President Trump Expected to Sign

The U.S. Legislature has passed the Families First Coronavirus Response Act, which provides for a limited period of paid sick leave and expands the Family and Medical Leave Act to provide an extended period of unpaid or…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), FMLA, Sick Leave, Sick Pay

See all updates »

California Governor Signs Wave Of New Gender/Sex Related Bills Into Law In The Wake Of #MeToo

On September 30, 2018, California Governor Edmund J. Brown, Jr. signed into law eight new bills involving gender and sexual harassment training and related issues…more

#MeToo, Anti-Harassment Policies, Anti-Retaliation Provisions, Breastfeeding, Corporate Culture

See all updates »

California Issues New Guidance on Identifying the "Essential Critical Infrastructure Workforce" During the COVID-19 Pandemic Response

As discussed in our prior alert, on March 19, 2020, California’s Governor Gavin Newsom issued a state-wide "stay at home" order ("Executive Order") requiring many, if not most, California residents to remain home…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

Massachusetts Lawmakers Approve Pay Equity Bill

Executive Summary: On July 23, Massachusetts lawmakers unanimously approved An Act to Establish Pay Equity (the "Bill"), which seeks to ensure that men and women are paid equally for comparable work. Variations in pay must be…more

Employer Liability Issues, Equal Pay, Gender Discrimination, Gender-Based Pay Discrimination, New Legislation

See all updates »

[Event] Evolving Workplace Issues and Dynamics - Are You Ready? - Seminar and Reception - November 10th, Melbourne, FL

Half-Day Seminar Hosted by South Brevard SHRM and FordHarrison SBSHRM and FordHarrison are partnering for a fantastic half-day event at the Eau Gallie Yacht Club. This event will be held in place of SBSHRM's usual luncheon…more

ADA, Anti-Discrimination Policies, Continuing Legal Education, EEOC, Employer Liability Issues

See all updates »

Connecticut Update: State Issues Guidance Regarding What Businesses Are Exempt From Mandatory Closure

In Connecticut’s continued battle against the spread of COVID-19, on March 20, 2020, Connecticut Governor Ned Lamont issued Executive Order 7H, which directs, in relevant part that..…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Executive Orders

See all updates »

NYS DOH Responds In Q&A to Joint Employer Questions and Reveals the Challenge A Fiscal Intermediary Faces in Obtaining an Offer For A Contract in the State's CDPAP

In our December 23, 2019 Legal Alert we reported that the NYS Department of Health’s (“DOH”) Request for Offers (“RFO”) required a “Joint Employment Attestation” in any offer to continue or first become a Fiscal Intermediary…more

Healthcare Workers, Hiring & Firing, Home Healthcare Workers, Intermediaries, Joint Employers

See all updates »

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You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.