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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...
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...
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...
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...
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. §...
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...
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...
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...
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...
By: Kathryn T. McGuigan and Justin Hanassab , Morgan, Lewis & Bockius LLP
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...
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...
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...
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...
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...
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...
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,...
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...
By: Elizabeth Espín Stern and Maximillian Del Rey , Mayer Brown LLP
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”...
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...
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...
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...
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...
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...
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...
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...