Labor & Employment

Current Updates and Legal Developments Healthcare SE 2019Posted on 04-17-2019

EEOC LEAVES WORKPLACE WELLNESS PROGRAMS IN LIMBO EFFECTIVE JANUARY 1, 2019, REGULATIONS ISSUED by the Equal Employment Opportunity Commission (EEOC) concerning incentive-based workplace wellness programs are rescinded, leaving employers without guidance until at least June. By way of background,... Read More

Restrictive Covenant and Trade Secret Misappropriation Claims: Key Initial Considerations and Tips for Seeking TROs and Preliminary InjunctionsPosted on 02-21-2019

By: Daniel Turinsky , Evan D. Parness , and Britt C. Hamilton , DLA Piper LLP (US) This article provides guidance on substantive and procedural considerations involved in pursuing temporary restraining orders (TROs) and preliminary injunctive relief to help protect employer trade secrets and enforce... Read More

Investigation Requirements for #MeToo ComplaintsPosted on 12-18-2018

By: Genevieve Ng A few hundred people demonstrated at Michigan State University (MSU) on April 20, 2018, calling on the Michigan State University Board of Trustees to resign. They were joined in the call by the editorial board of the Michigan State University newspaper, The State News , and the MSU... Read More

Arbitration Agreement and Class Action Waiver Enforcement in Employment Litigation and the Impact of the Supreme Court's Decision in Epic SystemsPosted on 12-18-2018

By: John B. Lewis and Dustin D. Dow This article provides step-by-step guidance to consider when enforcing arbitration agreements and class action waivers in employment cases. Arbitration agreements are agreements that force individuals to bring legal claims in arbitration, rather than in court. A... Read More

Updates and Legal DevelopmentsPosted on 12-18-2018

ABA Releases New Guidelines For Lawyers Who Experience Data Breaches By: Lexis Practice Advisor Attorney Team THE AMERICAN BAR ASSOCIATION (ABA) RECENTLY issued Formal Opinion 483, addressing lawyers’ ethical obligations to their clients after a data breach “exposes [their] confidential... Read More

While State Voting Leave Laws Remain Unchanged, Businesses and Advocacy Groups Push for ExpansionPosted on 10-31-2018

Although federal law does not require employers to provide leave, either paid or unpaid, to make it easier for employees time to vote during their work day, the majority of the states have laws addressing some type of voting leave. Legislation in states that require employers to grant voting leave... Read More

Key Considerations for Drafting Compliant English-Only PoliciesPosted on 09-12-2018

By: Jamala S. McFadden , Chandra C. Davis , and Raquel H. Crump , McFadden Davis, LLC This article provides guidance for drafting, implementing, and enforcing effective and legally compliant English-only policies in the workplace. English-only policies require employees to speak English while on the... Read More

Current Updates and Legal Developments Fall 2018Posted on 09-12-2018

PUBLIC SECTOR UNIONS CANNOT IMPOSE FEES ON NON-MEMBERS, SUPREME COURT RULES PUBLIC SECTOR UNIONS CANNOT REQUIRE NON-MEMBERS to contribute to expenses related to union business, the U.S. Supreme Court ruled, overturning a 41-year-old decision. Janus v. AFSCME, Council 31, 2018 U.S. LEXIS 4028 (June... Read More

Issues Related to Human Resources OutsourcingPosted on 06-22-2018

By: James E. Meadows and Terese M. Connolly , Culhane Meadows PLLC This article discusses special issues that may arise in the context of Human Resources Outsourcing (HRO). HRO is a form of business process outsourcing (BPO) focused on the functions that have typically been performed or managed through... Read More

Stored Communications Act: Practical ConsiderationsPosted on 06-22-2018

By: Michael E. Lackey and Oral D. Pottinger , Myer Brown LLP The Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., governs the disclosure of electronic communications stored with technology providers. Passed in 1986 as part of the Electronic Communications Privacy Act (ECPA), the SCA... Read More

Stored Communications Act Issues ChecklistPosted on 06-22-2018

This is a high-level checklist for examining issues involving the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., which comprises one of the major components of the Electronic Communication Privacy Act (ECPA). The other major component of the ECPA is the Wiretap Act, 18 U.S.C. §... Read More

Current Updates and Legal Developments—Summer 2018Posted on 06-22-2018

SUPREME COURT AFFIRMS CONSTITUTIONALITY OF AIA PATENT REVIEW PROCESS A PROVISION IN THE AMERICA INVENTS ACT (AIA) allowing for pre-trial review of existing patents does not violate Article III or the Seventh Amendment of the U.S. Constitution, the U.S. Supreme Court has held. In Oil States Energy... Read More

Wage and Hour Self-Audits ChecklistPosted on 04-18-2018

By: Michael S. Kun , Jeffrey H. Ruzal , and Kevin Sullivan , Epstein Becker & Green, P.C. This checklist identifies the main risk categories for wage and hour self-audits. To avoid potentially significant liability for wage and hour violations, employers should consider wage and hour self-audits... Read More

Conducting Pay Equity AuditsPosted on 04-18-2018

By: Jeffrey M. Landes and Ann Knuckles Mahoney , Epstein Becker & Green, P.C. This article provides advice and guidance to employers regarding how to ensure compliance with equal pay laws, particularly the Equal Pay Act of 1963 (EPA). ALTHOUGH THE EPA HAS BEEN IN EFFECT FOR 50 YEARS, it gained... Read More

Counseling Employers on the Legal Implications of Artificial Intelligence and Robots in the WorkplacePosted on 04-18-2018

By: Richard R. Meneghello , Sarah J. Moore , and John T. Lai , Fisher & Phillips LLP This article provides guidance and best practices for counseling employers on the legal implications of integrating artificial intelligence (AI) and robots into their workplaces. Reductions in Force Due to... Read More

Admissibility of “Me Too” EvidencePosted on 04-18-2018

By: Kathryn T. McGuigan and Justin Hanassab , Morgan, Lewis & Bockius LLP Introduction In early Fall 2017, the #MeToo campaign exploded into a movement across social media demonstrating the prevalence of sexual assault and harassment in the workplace. Countless public revelations of sexual... Read More

Separation Agreements: Drafting and Negotiation Tips For EmployersPosted on 04-18-2018

By: Marc E. Bernstein , Paul Hastings LLP This article addresses initial preparations for drafting a separation agreement and common terms that employers ordinarily should include, or at least consider including, in separation agreements. WHEN TERMINATING AN EMPLOYEE’S EMPLOYMENT, THE employer... Read More

Current News and Updates Labor and Employment Special Edition 2018Posted on 04-18-2018

LABOR DEPARTMENT RESUMES OPINION PROGRAM, REISSUES 17 RESCINDED LETTERS THE U.S. DEPARTMENT OF LABOR (DOL) HAS REISSUED 17 opinion letters originally issued in January 2009 during the last few weeks of the Bush administration but later withdrawn by the Obama administration “for further consideration... Read More

Recourse for Trade Secret Misappropriation under the Federal Defend Trade Secrets ActPosted on 04-18-2018

By: Bret Cohen , Nelson Mullins and Amanda Carozza , Mintz Levin, P.C. THE DEFEND TRADE SECRETS ACT OF 2016 (DTSA), 130 STAT. 376, allows U.S. employers to protect against and remedy misappropriation of trade secret information in federal court. Before the enactment of the DTSA, in the absence of... Read More

Drafting Office Relationship Contracts Protecting EmployersPosted on 02-28-2018

By: Julie M. Capell Davis Wright Tremaine LLP                         ONCE AN EMPLOYER BECOMES AWARE OF A CONSENSUAL, romantic relationship between two employees, the human resources manager, or other equivalent... Read More

Current Updates and Legal Developments Spring 2018Posted on 02-28-2018

U.S. DEPARTMENT OF LABOR SETS NEW GUIDELINES FOR INTERN COMPENSATION THE U.S. DEPARTMENT OF LABOR (DOL) HAS ADOPTED new guidelines for determining whether interns working at for-profit companies are entitled to compensation under the federal Fair Labor Standards Act (FLSA). The DOL abandoned its... Read More

What Employers Should Know When Considering Using Payroll Cards to Pay WagesPosted on 12-19-2017

What Are Payroll Cards? Payroll cards—also known as payroll debit cards or paycards—are similar to bank debit cards. They are an increasingly popular method for employers to pay wages because they reduce the administrative costs associated with the processing and distribution of live,... Read More

Current Updates and Legal DevelopmentsPosted on 12-19-2017

D.C. COURT ORDERS EEOC TO RECONSIDER WORKPLACE WELLNESS RULES IN AN ACTION BROUGHT BY THE AMERICAN ASSOCIATION of Retired Persons (AARP), the U.S. District Court for the District of Columbia has ordered the U.S. Equal Employment Opportunity Commission (EEOC) to reconsider two regulations related to... Read More

The Changing Immigration Laws under the Trump Administration: A New Era for U.S. ImmigrationPosted on 12-19-2017

By: Elizabeth Espín Stern and Maximillian Del Rey , Mayer Brown LLP Introduction By all accounts, immigration was among the most debated issues of the 2016 presidential election. According to the Pew Research Center, 70% of registered voters listed immigration as “very important”... Read More

Strategies for Creating and Implementing a Zero-Tolerance Workplace Violence PolicyPosted on 12-19-2017

By: Elizabeth Harlan , Astrachan Gunst Thomas, P.C. According to the Occupational Safety and Health Administration (OSHA), approximately two million workers a year are affected by some form of workplace violence. The National Crime Victimization Survey reports more than a million workdays are lost... Read More