The Lexis Practice Advisor Journal™ Practical Guidance Backed by Experts

Labor & Employment

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

U.S. Patent Office Launches PTAB Procedural Reform Initiative - Practice News, Summer 2017Posted on 06-07-2017

THE UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) With the enactment of the America Invents Act in 2011, the PTAB was charged with conducting proceedings to address challenges to existing patents. Those proceedings “have significantly changed the patent landscape by providing a faster, cost... Read More

Guidance for Employers on Navigating Paid Sick Leave LawsPosted on 04-12-2017

This chart summarizes state paid sick leave laws and notes which states do not have such laws. It does not discuss municipal ordinances but does indicate local governments that do have such laws where there is no statewide law. This chart is intended for private employers. Note also that while no... Read More

Drafting Paid Sick Leave PoliciesPosted on 04-12-2017

While no federal statute requires that employers provide paid sick leave for employees, Executive Order 13706 mandates that, effective January 1, 2017, covered federal contractors give employees up to seven days of paid sick leave each year. See 80 FR 54697 . It remains to be seen if the Trump Administration... Read More

Examining Harassment ClaimsPosted on 04-12-2017

By: Richard D. Glovsky , Locke Lord LLP. THIS ARTICLE ADDRESSES PROTECTED STATUS HARASSMENT issues, a subset of discrimination claims that arise where an employee alleges that he or she was subjected to unwelcome conduct in the workplace due to the employee’s protected status (race, sex/gender... Read More

Current Updates and Legal DevelopmentsPosted on 04-12-2017

HHS AGENCY PROPOSES RULE TO STABILIZE INSURANCE MARKETPLACE THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) issued a proposed rule aimed at stabilizing individual and small group health insurance markets in anticipation of Congress’ possible repeal and replacement of the Affordable Care... Read More

The Impact of “Cash-in-Lieu of Benefits” Payments to Employees on Overtime Compensation CalculationsPosted on 02-09-2017

By: Zach P. Hutton and Justin M. Scott , Paul Hastings. Introduction In Flores v. City of San Gabriel , 1 the Ninth Circuit Court of Appeals considered an issue of first impression: whether “cash-inlieu of benefits” payments made directly to employees under a flexible benefits plan... Read More

Best Practices to Reduce Litigation Risks When Hiring From A CompetitorPosted on 02-09-2017

By: Michael P. Pappas , Michael P. Pappas Law Firm, P.C. This article discusses ways to reduce the risk of litigation when hiring someone away from a competitor. Litigation involving trade secrets, non-compete agreements, and other postemployment restrictive covenants has grown exponentially, roughly... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Winter 2017Posted on 02-09-2017

FEDERAL COURT FAST TRACKS REVIEW OF RULING BLOCKING IMPLEMENTATION OF OVERTIME REGULATIONS THE FIFTH CIRCUIT COURT OF APPEALS ISSUED A BRIEF order December 8 granting expedited review of a November 22 ruling by a federal judge in the Eastern District of Texas preliminarily enjoining implementation... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Fall 2016Posted on 09-13-2016

STUDY ON INJECTION WELL INDUCED EARTHQUAKES THE U.S. GEOLOGICAL SURVEY (USGS) RECENTLY released its short-term forecast for seismic activity. For the first time, it includes a discussion of “Induced Earthquakes.” The study, which comes after a significant hike in the incidence of earthquakes... Read More

Understanding Financial Disclosure of Persuader ActivitiesPosted on 09-13-2016

By: Pete Lareau . THIS ARTICLE ADDRESSES THE PERSUADER REPORTING RULES under the Labor-Management Reporting and Disclosure Act (LMRDA). 1 For many years, the U.S. Department of Labor (DOL) had almost always maintained that an outside counsel’s creation or review of written content that formed... Read More

Examining the Duty to Provide Religious AccommodationsPosted on 09-13-2016

By: Peter T. Shapiro , Lewis Brisbois Bisgaard & Smith LLP. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on an individual’s religion, and also requires employers to furnish reasonable accommodations for an individual’s religious practices or... Read More

EEOC'S Final Rules on Wellness ProgramsPosted on 09-13-2016

By: Jonathan R. Mook , DiMuroGinsberg, P.C. Given concerns over rising health care costs and missed workdays by employees suffering from various illnesses, many employers have implemented employee wellness programs and activities to promote healthier lifestyles or to prevent disease with the expectation... Read More

The Developing Law of LGBT Protections under Title VIIPosted on 06-03-2016

By: Darrell R. VanDeusen and Alexander P. Berg , Kollman & Saucier The rights of lesbian, gay, bisexual, and transgender (LGBT) individuals remain a hot topic in the American workplace. Protection under federal anti-discrimination laws has proved elusive over the years. While terms like sex, gender... Read More

Understanding & Drafting Internship AgreementsPosted on 06-03-2016

By: Julie Capell , Winston & Strawn LLP This article discusses how to draft effective internship agreements that comply with the U.S. Department of Labor’s (DOL’s) regulations concerning unpaid internships, as well as recent court decisions applying a new test concerning unpaid internships... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Summer 2016Posted on 06-03-2016

SEVENTEEN STATE “NEW ENERGY FUTURE” COALITION FORMED GOVERNOR ANDREW M. CUOMO AND 16 OTHER GOVERNORS signed the Governors’ Accord for a New Energy Future. The accord describes six shared goals, diversification of energy generation and expansion of clean energy sources, modernization... Read More

Employee GPS Tracking: There's an App for ThatPosted on 03-11-2016

By: Courtney King, Ice Miller LEXIS PRACTICE ADVISOR RESEARCH PATH: Labor & Employment > Privacy, Technology, and Social Media > Monitoring and Testing Employees > Articles > Video and Audio Surveillance and Eavesdropping of Employees Utilizing global positioning system tracking... Read More