News & Analysis as of

Employer Liability Issues

Ichiban Japanese Steakhouse Settles EEOC Pregnancy Discrimination Lawsuit

Hibachi-Style Restaurant Fired Server Because She Was Pregnant, Federal Agency Charged - DETROIT -- Ichiban Japanese Restaurant, LLC, a hibachi-style restaurant doing business as Ichiban Japanese Steakhouse in Jackson,...more

Here We Go: The Full Board Finally Starts to Make Its Mark

by Proskauer - Labor Relations on

NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks - This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions...more

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

by Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

New North Carolina Law Provides Mechanism for Prosecuting Worker Misclassification

by Womble Bond Dickinson on

On August 11, 2017, the North Carolina Employee Fair Classification Act (EFCA) was signed into law. The new law, which will take effect on December 31, 2017, provides a mechanism that allows workers to more easily report—and...more

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules - Boeing Co. Signals The End Of Lutheran Heritage And Its...

by Fisher Phillips on

The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant...more

Paid Sick Leave Legislation Appears Inevitable for Maryland Businesses

by Pessin Katz Law, P.A. on

Last legislative session the Maryland General Assembly passed the Maryland Healthy Working Families Act (HB1/SB230) (“the Act”), which required employers with 15 or more employees to provide paid sick and safe leave. Although...more

Insurance Coverage in the Post-Weinstein Era

With new headlines involving sexual harassment and other inappropriate sexual conduct continuing to emerge on a daily basis, insurance coverage for claims that might emerge is something every company should consider....more

What Requirements Washington Employers Need to Know About State Paid Sick Leave Law That Becomes Effective January 1, 2018

by Garvey Schubert Barer on

A new statewide leave law that has taken many employers by surprise - In November 2016, Washington voters passed Initiative 1433, best known for increasing Washington’s minimum wage to one of the highest in the nation....more

Preventing #MeToo in the Workplace: How Employers Talk the Talk And Walk the Walk

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Gone are the days where sexual harassment training will be enough. It’s time to shift the workplace focus from just ticking a box (i.e., training complete) to creating a culture where harassment (or...more

Zero Tolerance for Sexual Harassment — Winds of Needed Change

In recent months, allegations against powerful men such as Harvey Weinstein have sparked a much-needed cultural awakening concerning sexual harassment and sexual misconduct. For too long, powerful men have used their...more

Brazil eSocial: Is Your Company Ready? January 8 is Just Around the Corner

by Littler on

If your company operates in Brazil and you have not heard of eSocial or have not taken any steps yet to get ready to use it, time is running out. Starting January 8, 2018, all private employers in Brazil will have to report...more

Q&A with Lauren Oldham: Mental health workplace claims rising

by GableGotwals on

Mental health workplace claims rise - Q: Why has there been a surge in mental health disability discrimination claims? A: One in four American adults will suffer from a mental health impairment, and the Equal Employment...more

Happy Holidays, from Human Resources

by McNair Law Firm, P.A. on

As Thanksgiving 2017 recedes into a memory, Hanukkah is here, Christmas just around the corner, and a strange slow week between a Monday Christmas and following Monday New Year’s Day. It is the season for office holiday...more

The DOL Serves Up a Major Overhaul of its Tip-Sharing Regulations

by BakerHostetler on

Citing a “significant amount of private litigation,” recent changes in state wage laws, and “independent and serious concerns” of public policy, the U.S. Department of Labor (DOL) is proposing to rescind an Obama-era rule...more

Tips For Conducting Year-End Performance Evaluations

by Jackson Lewis P.C. on

Holiday parties aren’t the only thing your employees are buzzing about this time of year – ‘tis the season for year-end performance evaluations! Performance evaluations, when used properly, are a powerful tool for...more

You Gotta Quit Kickin' HR Around

This bustin' on HR is gettin' me down, You got to quit kickin' HR around. Human Resources professionals seem to be everybody's favorite scapegoat. The profession is under attack yet again -- this time for apparently...more

Sticking it to Your Employees During Flu Season

by Gray Reed & McGraw on

Frustrated with the high number of employees that did not show up for work in the fall and winter last year, Jim Duncey, the owner of Duncey’s Caps, Inc., issues a memo to all employees that they must provide proof that they...more

The FLSA And Arbitration

by Fox Rothschild LLP on

I read an interesting post by Daniel Schwartz in the Connecticut Employment Law Blog. It concerned a recent Second Circuit decision that bodes well for employers in the never-ending fight against wage-hour class actions. The...more

Trump Board Overrules Workplace Rules Analysis

by Jackson Lewis P.C. on

In a stunning development, the National Labor Relations Board has decided that when determining the legality of a facially neutral rule under the National Labor Relations Act, it will consider (i) the nature and extent of the...more

Alert: New York Paid Family Leave Benefits Law Updates

by Cooley LLP on

Beginning on January 1, 2018, employers in New York must offer family leave benefits to eligible employees under the New York Paid Family Leave Benefits Law (PFL), including partial wage replacement and job protection for up...more

2018 Legislative Update for California Employers

by Conn Maciel Carey LLP on

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

The Ending Forced Arbitration of Sexual Harassment Act: A Legislative Response to #MeToo

With sexual misconduct allegations sending shockwaves everywhere from Hollywood to Washington, it should come as no surprise that some legislators are chomping at the bit to pass legislation addressing sexual harassment in...more

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

by Jackson Lewis P.C. on

The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial...more

The 12 days of California Labor & Employment Series – Day 5 “Immigration Worker Protection Act”

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

OSHA Announces Two-Week Extension for Electronic Submission of Form 300A

by Morgan Lewis on

Employers subject to recordkeeping regulations should immediately begin preparing electronic submissions to comply with the December 15 deadline....more

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