Labor & Employment

How ESG and Social Movements are Affecting Corporate GovernancePosted on 10-26-2021

By: Ellen Holloman and Hyungjoo Han , CADWALADER, WICKERSHAM & TAFT LLP This article provides guidance on the recent trends in Environmental, Social, and Governance (ESG), the #MeToo movement (#MeToo), and Black Lives Matter (BLM) impacting corporate governance and the workplace. In the aftermath... Read More

Best Practices for Prevention and Defense of Negligent Hiring, Retention and Supervision ClaimsPosted on 06-11-2021

By: Darryl G. McCallum, Shawe Rosenthal, LLP This article addresses the potential for negligence liability that employers face when they hire and/or retain employees who end up causing injury to third parties or other employees. UNDER MOST STATES’ LAWS, AN EMPLOYER HAS AN obligation to use... Read More

COVID-19 Vaccination: Key Employment Law IssuesPosted on 02-23-2021

By: Colin Barnacle , Nelson Mullins This article provides practical guidance to employers in connection with the coronavirus (COVID-19) vaccine, including whether an employer may require its workforce to be vaccinated for COVID-19 and whether employees can properly avoid being vaccinated. In August... Read More

Coronavirus (COVID-19) Vaccine PolicyPosted on 02-23-2021

By: Lexis Practice Advisor Labor & Employment Team Introduction The purpose of this policy is to minimize transmission of the coronavirus (COVID-19) virus in the workplace by providing protection to employees and thus preventing transmission to members of the community. Drafting Note to Introduction... Read More

Declination of Coronavirus (COVID-19) Vaccination for Medical ContraindicationPosted on 02-23-2021

Introduction Coronavirus (COVID-19) vaccination is a condition of employment for all workers. Depending on the type of vaccination offered, specific medical contraindications may exist for certain individuals. The Company will only accept evidence-based medical contraindication against coronavirus... Read More

Discovery in Single-Plaintiff Employment Discrimination Cases (CA)Posted on 10-21-2020

By: Debbie Yoon Jones and Lisa Garcia , Alston & Bird LLP This article excerpt containing legal analytics from Context ® provides guidance to employers' attorneys who need to request and respond to discovery in single-plaintiff employment discrimination cases brought under California's... Read More

Leave and Vacation Sharing and Donation Policies: Key Drafting Tips and Legal IssuesPosted on 10-16-2020

By: Avi Meyerstein and Robert Sanders , Husch Blackwell LLP, and Stacey Bowman , Ascent Classical Academies This article provides key drafting tips and best practices for employers when drafting leave and vacation sharing and donation policies. A leave-sharing and donation policy allows employees to... Read More

Pandemic Flu/Influenza/Coronavirus (COVID-19) Prevention and Response Checklist (Best Practices for Employers)Posted on 06-16-2020

By: Avi Meyerstein , Stacey Bowman , and Courtney Steelman , Husch Blackwell LLP This checklist highlights key considerations for private employers to prepare for and respond to influenza (flu) and other potential pandemic outbreaks (including the coronavirus (COVID-19) pandemic). This is a non-jurisdictional... Read More

Best Practices for Preventing and Responding to Flu/Coronavirus Outbreaks in the WorkplacePosted on 06-15-2020

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP Although the Occupational Safety and Health Administration (OSHA) has not adopted a standard addressing employers’ obligations to safeguard employees during a pandemic, OSHA has issued general guidance... Read More

Returning to Work during and after COVID-19Posted on 06-12-2020

By: Richard J. Simmons , Brian D. Murphy , and Adam R. Rosenthal , Sheppard, Mullin, Richter & Hampton LLP While there is no one-size-fits-all solution to creating a safe workplace, employers must carefully monitor guidance from the Centers for Disease Control (CDC), state and local health departments... Read More

Employers Confront Their Obligations as Coronavirus (COVID-19) SpreadsPosted on 04-09-2020

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP This article provides practical guidance regarding how employers should address legal issues raised by the coronavirus (COVID-19). As the coronavirus spreads around the globe and cases are rapidly appearing... Read More

Telecommuting Employees: Best Practices ChecklistPosted on 04-09-2020

By: Jeffrey H. Ruzal and Carly Baratt, Epstein Becker & Green, P.C. With the advent of sophisticated workplace information technology that allows employees to connect to a company’s computer network from their homes with little more than a laptop and an internet hookup, telecommuting or teleworking... Read More

Telecommuting Policies: Key Drafting TipsPosted on 04-09-2020

By: Joseph D. Guarino , DLA Piper LLP Telecommuting and work-from-home arrangements are increasing exponentially during the novel coronavirus (COVID-19) pandemic as a way of protecting employees and customers from exposure. In addition, telecommuting arrangements help attract and retain employees,... Read More

Updates and Legal Developments - Spring 2020Posted on 03-11-2020

Lexis Practice Advisor subscribers may access a complete Coronavirus Resource Kit by following this link . CORONAVIRUS SPREAD CREATES UNCERTAINTY FOR BUSINESSES AND THEIR COUNSEL AS THE CORONAVIRUS CONTINUES ITS SPREAD FROM China to Europe and the United States, the World Health Organization (WHO... Read More

Americans with Disabilities Act: Guidance for Employers on Reasonable Accommodations and Undue HardshipPosted on 03-09-2020

By: Betsy Johnson , Ogletree, Deakins, Nash, Smoak & Stewart, P.C. This article provides guidance for employers on providing reasonable accommodations for disabled employees pursuant to Title I of the Americans with Disabilities Act of 1990 (ADA) and amendments to it by the ADA Amendments Act of... Read More

Disability Accommodation Request Form (ADA)Posted on 03-09-2020

By: Joseph D. Guarino , DLA Piper This form is a Disability Accommodation Request (ADA) that an employee can use to request a reasonable accommodation. It contains practical guidance and drafting notes. This form is intended for private employers. It is based on federal law and does not address all... Read More

Disability Accommodation Request Resolution Form (ADA)Posted on 03-09-2020

By: Sara Kula , DelBello Donnellan Weingarten Wise & Wiederkehr, LLP An employer may use this form to document the determination of an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (ADA). The form is intended for private employers. It is based... Read More

Updates and Legal Developments Winter 2019Posted on 01-16-2020

AMAZON’S DATA STORAGE VIOLATES ILLINOIS BIOMETRIC PRIVACY LAW, STATE RESIDENTS ALLEGE AMAZON WEB SERVICES IS VIOLATING THE ILLINOIS Biometric Information Privacy Act (BIPA), 740 Ill. Comp. Stat. Ann. 14/1, by allowing commercial customers to use its cloud storage services to house employees’... Read More

Discovery on Behalf of Plaintiffs in Trade Secret Misappropriation and Breach of Restrictive Covenant ActionsPosted on 01-15-2020

By: Kevin Cloutier , Sheppard, Mullin, Richter & Hampton LLP This article discusses both written discovery and depositions in misappropriation of trade secret and restrictive covenant actions. Specifically, the article addresses the following topics: expedited discovery, written discovery requests... Read More

Deposition Questions in a Trade Secret Misappropriation and Breach of Restrictive Covenant Action (Plaintiff Employer to Defendant)Posted on 01-15-2020

By: Kevin Cloutier , Shawn Fabian , and Mikela Sutrina , Sheppard, Mullin, Richter & Hampton LLP The deposition questions in this form are provided by way of example only. Each question should be followed with appropriate further inquiry. You should review all rules concerning depositions applicable... Read More

Discovery in Employment Discrimination Litigation: What Defendants Can Request and Obtain from PlaintiffsPosted on 08-24-2019

By: Jamala S. McFadden , Chandra C. Davis , and Raquel H. Crump , The Employment Law Solution: McFadden Davis, LLC This article provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits under statutes including Title VII of the... Read More

Discovery in Employment Discrimination Litigation: What Plaintiffs Can Request and Obtain from DefendantsPosted on 08-23-2019

By: William C. Jhaveri-Weeks , Jhaveri-Weeks Law This article discusses the scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases, including limitations on discovery that defendants often attempt to assert, such as privilege, lack of relevance, lack of proportionality... Read More

Current News and Legal Updates Fall 2019Posted on 08-12-2019

NINTH CIRCUIT REINSTATES EMPLOYEES’ SUITS OVER PAYMENT FOR POST-SHIFT INSPECTION PERIODS EMPLOYEES OF NIKE AND CONVERSE MAY PROCEED with class action suits alleging that the athletic wear companies violated California law by refusing to pay them for time spent during mandatory post-shift security... Read More

Updates and Legal Developments Summer 2019Posted on 06-20-2019

SAN FRANCISCO ADOPTS ORDINANCE BANNING CITY’S USE OF FACIAL RECOGNITION TECHNOLOGY SAN FRANCISCO HAS BECOME THE FIRST CITY IN THE United States to ban the use of facial recognition technology to identify individuals. As a result, city agencies, including the police department, will be prohibited... Read More

Mediating Employment DisputesPosted on 06-19-2019

By: Patrick J. Lamparello and Noa M. Baddish Proskauer Rose LLP This article explains the process of mediating employment disputes, describes the contexts in which it may arise, and articulates the advantages and disadvantages of this process. Mediation is a non-binding, informal, and confidential... Read More