News & Analysis as of

Employer Liability Issues

Top Five Labor Law Developments For January 2018

by Jackson Lewis P.C. on

1.Management-side labor and employment lawyer John Ring has been nominated by President Donald Trump to fill the vacant seat on the five-member National Labor Relations Board. If confirmed, Ring would replace former-Board...more

Is The EEOC’s Background Check Guidance In Jeopardy?

by Akerman LLP - HR Defense on

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

Equal Pay Act case gets new life

by McNair Law Firm, P.A. on

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

Arbitration

1. Excluding claims arising from Confidentiality provision from the arbitration clause was substantively unconscionable - In Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, review filed 4/28/17, a successful...more

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

by Jackson Lewis P.C. on

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing...more

The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts

by BakerHostetler on

As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

by Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

Seventh Circuit Preaches on the Ministerial Exception

For the first time since a 2012 decision by the Supreme Court of the United States, the Seventh Circuit Court of Appeals elaborated on and applied the Supreme Court’s four-factor analysis to determine whether a position is...more

Handling Federal, NY State And NYC Background Check Laws

Employers often seek background information about applicants and employees as part of standard due diligence during the hiring process or in connection with other employment decisions. The Fair Credit Reporting Act serves as...more

Sexual Harassment Dominates California Legislation in 2018

by Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

“Sooo… We Need to Talk” – The Consequences of Failing to Engage in the Interactive Process

The ADA requires employers to engage in an interactive process with disabled employees, and courts often set a high bar for what that looks like. Expensive litigation continues to be the consequence when employers terminate...more

For OSHA Purposes, First Circuit Deems Subcontractor Employee of General Contractor

Construction contractors are familiar with the Occupational Safety and Health Administration’s Multi-Employer Worksite rule. Under this rule, a general contractor (GC) can be held liable for safety violations committed by...more

InsideUp To Settle EEOC Disability Discrimination Lawsuit

Small Marketing Business Fired Employee Because of His COPD, Asthma and Emphysema, Federal Agency Charges - SAN DIEGO - InsideUp Inc., a San Diego-based marketing company, will pay $10,500 and provide other significant...more

Employers Take Note: Tax Season Phishing Scams on the Rise

by Fisher Phillips on

It is tax season once again, and with it comes an increased threat of phishing scams targeting human resources and payroll personnel. In 2016, the IRS alerted employers to a then-emerging email phishing scheme in which...more

Employee Social Media and Employee Discipline – Caution

by Ruder Ware on

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page. While companies have the right to protect...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

The Need to Go Above and Beyond the ADA in Maryland: Disabled Applicants/Employees Need Individual Assessments

by Pessin Katz Law, P.A. on

In light of developments in Maryland employment discrimination law, employers are strongly encouraged to re-examine their reasonable accommodation policies and procedures. When confronted with a reasonable accommodation...more

Tax Cuts and Jobs Act Cuts Tax Breaks For Sexual Harassment Settlements

by Davis Brown Law Firm on

#TimesUp and #metoo has dominated the news cycle for months. With the public spotlight on the Harvey Weinstein, Matt Lauer, and Larry Nassar scandals, some people fear confidential settlement agreements may perpetuate sexual...more

No tax deduction for sexual harassment payments subject to NDAs

by Bricker & Eckler LLP on

Parts of the Tax Cuts and Jobs Act that took effect January 1, 2018, have amended Section 162 of the Internal Revenue Code to eliminate tax deductions for settlements, payouts and attorney’s fees “related to sexual harassment...more

Court rules employee’s behavior justified mental health exam

by McAfee & Taft on

There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more

Supreme Court May Take Up Tricky ADA Leave Issue

by Hogan Lovells on

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work....more

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

Good Work If You Can Get It: UK Government’s Response to Modern Working Proposals

Some seven months after the publication of Matthew Taylor’s independent ‘Review of Modern Working Practices’, the UK Government has finally issued its response to the Taylor proposals: the “Good Work” response (the...more

Industrial Manslaughter – National Update

by K&L Gates LLP on

The introduction of an industrial manslaughter offence in Queensland has kicked off debate throughout other Australian jurisdictions. With the upcoming national review of workplace health and safety laws, it is a timely...more

What Am I Doing Wrong?? Common FMLA Mistakes

by Jackson Lewis P.C. on

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the thirteenth in a series highlighting some of the more common mistakes employers can...more

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