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Labor & Employment

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LABOR DEPARTMENT RESUMES OPINION PROGRAM, REISSUES 17 RESCINDED LETTERS THE U.S. DEPARTMENT OF LABOR (DOL) HAS REISSUED 17 opinion letters originally issued in January 2009 during the last few weeks of the Bush administration but later withdrawn by the Obama administration “for further consideration...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

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