Labor & Employment

Pandemic Flu/Influenza/Coronavirus (COVID-19) Prevention and Response Checklist (Best Practices for Employers)Posted on 06-16-2020

By: Avi Meyerstein , Stacey Bowman , and Courtney Steelman , Husch Blackwell LLP This checklist highlights key considerations for private employers to prepare for and respond to influenza (flu) and other potential pandemic outbreaks (including the coronavirus (COVID-19) pandemic). This is a non-jurisdictional... Read More

Best Practices for Preventing and Responding to Flu/Coronavirus Outbreaks in the WorkplacePosted on 06-15-2020

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP Although the Occupational Safety and Health Administration (OSHA) has not adopted a standard addressing employers’ obligations to safeguard employees during a pandemic, OSHA has issued general guidance... Read More

Returning to Work during and after COVID-19Posted on 06-12-2020

By: Richard J. Simmons , Brian D. Murphy , and Adam R. Rosenthal , Sheppard, Mullin, Richter & Hampton LLP While there is no one-size-fits-all solution to creating a safe workplace, employers must carefully monitor guidance from the Centers for Disease Control (CDC), state and local health departments... Read More

Employers Confront Their Obligations as Coronavirus (COVID-19) SpreadsPosted on 04-09-2020

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP This article provides practical guidance regarding how employers should address legal issues raised by the coronavirus (COVID-19). As the coronavirus spreads around the globe and cases are rapidly appearing... Read More

Telecommuting Employees: Best Practices ChecklistPosted on 04-09-2020

By: Jeffrey H. Ruzal and Carly Baratt, Epstein Becker & Green, P.C. With the advent of sophisticated workplace information technology that allows employees to connect to a company’s computer network from their homes with little more than a laptop and an internet hookup, telecommuting or teleworking... Read More

Telecommuting Policies: Key Drafting TipsPosted on 04-09-2020

By: Joseph D. Guarino , DLA Piper LLP Telecommuting and work-from-home arrangements are increasing exponentially during the novel coronavirus (COVID-19) pandemic as a way of protecting employees and customers from exposure. In addition, telecommuting arrangements help attract and retain employees,... Read More

Updates and Legal Developments - Spring 2020Posted on 03-11-2020

Lexis Practice Advisor subscribers may access a complete Coronavirus Resource Kit by following this link . CORONAVIRUS SPREAD CREATES UNCERTAINTY FOR BUSINESSES AND THEIR COUNSEL AS THE CORONAVIRUS CONTINUES ITS SPREAD FROM China to Europe and the United States, the World Health Organization (WHO... Read More

Americans with Disabilities Act: Guidance for Employers on Reasonable Accommodations and Undue HardshipPosted on 03-09-2020

By: Betsy Johnson , Ogletree, Deakins, Nash, Smoak & Stewart, P.C. This article provides guidance for employers on providing reasonable accommodations for disabled employees pursuant to Title I of the Americans with Disabilities Act of 1990 (ADA) and amendments to it by the ADA Amendments Act of... Read More

Disability Accommodation Request Form (ADA)Posted on 03-09-2020

By: Joseph D. Guarino , DLA Piper This form is a Disability Accommodation Request (ADA) that an employee can use to request a reasonable accommodation. It contains practical guidance and drafting notes. This form is intended for private employers. It is based on federal law and does not address all... Read More

Disability Accommodation Request Resolution Form (ADA)Posted on 03-09-2020

By: Sara Kula , DelBello Donnellan Weingarten Wise & Wiederkehr, LLP An employer may use this form to document the determination of an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (ADA). The form is intended for private employers. It is based... Read More

Updates and Legal Developments Winter 2019Posted on 01-16-2020

AMAZON’S DATA STORAGE VIOLATES ILLINOIS BIOMETRIC PRIVACY LAW, STATE RESIDENTS ALLEGE AMAZON WEB SERVICES IS VIOLATING THE ILLINOIS Biometric Information Privacy Act (BIPA), 740 Ill. Comp. Stat. Ann. 14/1, by allowing commercial customers to use its cloud storage services to house employees’... Read More

Discovery on Behalf of Plaintiffs in Trade Secret Misappropriation and Breach of Restrictive Covenant ActionsPosted on 01-15-2020

By: Kevin Cloutier , Sheppard, Mullin, Richter & Hampton LLP This article discusses both written discovery and depositions in misappropriation of trade secret and restrictive covenant actions. Specifically, the article addresses the following topics: expedited discovery, written discovery requests... Read More

Deposition Questions in a Trade Secret Misappropriation and Breach of Restrictive Covenant Action (Plaintiff Employer to Defendant)Posted on 01-15-2020

By: Kevin Cloutier , Shawn Fabian , and Mikela Sutrina , Sheppard, Mullin, Richter & Hampton LLP The deposition questions in this form are provided by way of example only. Each question should be followed with appropriate further inquiry. You should review all rules concerning depositions applicable... Read More

Discovery in Employment Discrimination Litigation: What Defendants Can Request and Obtain from PlaintiffsPosted on 08-24-2019

By: Jamala S. McFadden , Chandra C. Davis , and Raquel H. Crump , The Employment Law Solution: McFadden Davis, LLC This article provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits under statutes including Title VII of the... Read More

Discovery in Employment Discrimination Litigation: What Plaintiffs Can Request and Obtain from DefendantsPosted on 08-23-2019

By: William C. Jhaveri-Weeks , Jhaveri-Weeks Law This article discusses the scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases, including limitations on discovery that defendants often attempt to assert, such as privilege, lack of relevance, lack of proportionality... Read More

Current News and Legal Updates Fall 2019Posted on 08-12-2019

NINTH CIRCUIT REINSTATES EMPLOYEES’ SUITS OVER PAYMENT FOR POST-SHIFT INSPECTION PERIODS EMPLOYEES OF NIKE AND CONVERSE MAY PROCEED with class action suits alleging that the athletic wear companies violated California law by refusing to pay them for time spent during mandatory post-shift security... Read More

Updates and Legal Developments Summer 2019Posted on 06-20-2019

SAN FRANCISCO ADOPTS ORDINANCE BANNING CITY’S USE OF FACIAL RECOGNITION TECHNOLOGY SAN FRANCISCO HAS BECOME THE FIRST CITY IN THE United States to ban the use of facial recognition technology to identify individuals. As a result, city agencies, including the police department, will be prohibited... Read More

Mediating Employment DisputesPosted on 06-19-2019

By: Patrick J. Lamparello and Noa M. Baddish Proskauer Rose LLP This article explains the process of mediating employment disputes, describes the contexts in which it may arise, and articulates the advantages and disadvantages of this process. Mediation is a non-binding, informal, and confidential... Read More

Mediating Employment Disputes Checklist (Including Sexual Harassment Claims)Posted on 06-19-2019

By: Laurie E. Leader , Chicago-Kent College of Law and Effective Employment Mediation, LLC This checklist highlights the main points for attorneys to consider when pursuing the mediation of employment disputes, including sexual harassment claims. Parties may wish to pursue mediation to resolve conflicts... Read More

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