The Lexis Practice Advisor Journal™ Practical Guidance Backed by Leading Attorneys

Labor & Employment

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 10-31-2018

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

Current Updates And Legal DevelopmentsPosted on 10-31-2017

SUPREME COURT TO RULE ON VALIDITY OF CLASS WAIVERS IN EMPLOYMENT CONTEXT By: Lexis Practice Advisor Staff THE U.S. SUPREME COURT IS expected to decide this term whether the collective-bargaining provisions of the National Labor Relations Act (NLRA) prohibit enforcement of agreements requiring employees... Read More

Key Issues Employers Should Consider when Integrating Robotics and Automation in the WorkplacePosted on 10-05-2017

By: Karen Y. Cho MORGAN, LEWIS & BOCKIUS LLP It is indisputable that technology is dramatically changing the way we live in the 21st century and will continue to play an even greater role. The Pew Research Institute’s 2014 Future of the Internet survey uncovered wide agreement that robotics... Read More

Handling I-9 Investigations By Government AgenciesPosted on 09-27-2017

By: Jacob T. Muklewicz —Kirton McConkie This article provides guidance on responding to an investigation (i.e., an audit) by a government agency of an employer’s I-9 records. The article mainly focuses on the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement... Read More

Current Updates and Legal Developments - Fall 2017Posted on 09-27-2017

SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII REMAINS HOT-BUTTON ISSUE By: Bender’s Labor & Employment Bulletin, Volume 17, Issue 7 RECENTLY, THREE OF THE U.S. CIRCUIT COURTS OF APPEAL addressed the issue of whether discrimination on account of an individual’s sexual orientation... Read More

Strategies for Bringing Counterclaims or Separate Lawsuits Against Plaintiff EmployeesPosted on 06-07-2017

By: Daniel A. Kaplan , FOLEY & LARDNER LLP This article provides guidance to employers on bringing counterclaims or separate lawsuits against plaintiff employees who have initiated claims against the employer. Employers and their attorneys are usually well versed in the types of claims that employees... Read More