Keep an Eye on AI
by Danielle Ochs and Jennifer G. Betts
Artificial intelligence tools—most notably the “generative AI” systems that have so captured the public imagination lately—are proliferating. How will legislators, regulators and employers deal with the changes these systems bring to the workplace?
Employers Are Budding Heads on Marijuana in the Workplace
by M. Tae Phillips and Melanie C. Cormier
As employment lawyers, we receive many questions from employers navigating marijuana legalization. Below, we answer the top three most asked questions.
The Compensation Situation
by Liz S. Washko
Pay discrimination has been outlawed for decades. Yet the issue has taken on new salience in recent years. Here’s what to know about compensation equity—and where the legal risk lies for companies.
Law Firm or Startup: Which Addresses Innovation Best?
by Ronald W. Chapman, Jr. and Tim Fox
In a hypercompetitive environment, each has its advantages and challenges. Here’s a look at how they stack up.
Nowhere Near Normal
by James T. McBride
Employers can guard against the ongoing (and sure to increase) risk of COVID-19-related employment claims by using these defensive strategies to mitigate their exposure to them ahead of time.
The Silent Epidemic
by Kelly S. Hughes
Obsessive-compulsive and anxiety disorders are far more common among lawyers than other professionals. It’s past time to address the problem.
by Kim F. Ebert
Impeccable skills are no longer enough: Why lawyers must increasingly take into account clients’ expectations about representation’s true worth.
Immigration Worksite Enforcement to Increase in 2018
by Christopher L. Thomas
Worksite enforcement is likely to take center stage in 2018.
The Top Employment Cases of 2017 and a Sneak Peek at 2018
by Nonnie L. Shivers
Top employment cases of 2017 with a look at 2018.
The Quest for Smarter, Better RFPs
by Anne Forkner
A law firm that cannot meet deadlines, stay within page limits, and answer all parts of a question in an RFP is providing important information regarding the firm’s ability to meet client requirements.
The Only Thing that Is Constant Is Change
by Howard Rubin
New Oregon employment laws.
Proceed with Caution!
by Bernard J. Bobber
The dangerous intersection of racial bigotry and labor law.
New York City Employers Will Soon Be Restricted in Asking Applicants About Salary Histories
by Ronald Kreismann
NYC employers can no longer ask job applicants about their compensation history.
In the News: New England
by Compiled by Tess Congo
Newsworthy highlights of lawyers from New England.
Federal Court in Los Angeles Dismisses Website Accessibility Claims
by Ogletree, Deakins, Nash, Smoak & Stewart
On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit
Can Fido Come to Work?
by James M. Paul
EEOC files suit to require emotional support dog on truck route.
Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case
by Andrew E. Tanick
On March 1, 2017, the Eighth Circuit Court of Appeals issued an important decision affirming summary judgment in an age discrimination claim under the Minnesota Human Rights Act.
Do You Have a Gap in Your Benefit Eligibility Procedures?
by Tina M. Bengs
Issues Raised by Non-FMLA Reduced Schedules and Leaves of Absence
Super Bowl 51: What to Do When the Fantasy Is Over and Football Fever Becomes a Work Reality?
by Hera S. Arsen
Inauguration Day 2017: President Donald Trump
by Harold P. Coxson
"National popularity rating of 40 percent, according to a recent poll—the lowest rating of any new president on Inauguration Day over the past six most recent presidents."
“Change” Comes to Washington—What to Expect
by Harold P. Coxson
On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th President of the United States, with an ambitious agenda set for the first 100 days, including the confirmation of his cabinet appointees and a yet-to-be-named Supreme Court nominee.
The Top 10 Labor and Employment Issues Retailers Will Face in 2017
by Diane M. Saunders
The public-facing nature of their businesses also has an enormous impact on employment issues within retail establishments.
Fido Can’t Help Ring in the New Year (Unless He’s a True Service Animal)
by James M. Paul
The ADA defines “service animals” to include only those dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities.
Supreme Court Denies Review of NFL Players’ Concussion Settlement
by Alexandra A. Bodnar
The case will now return to the district court to implement the settlement and begin the payout to retired players. More than 100 former players opted out of the class settlement, reserving the right to sue the NFL on their own.
Must Your Stadium, Theater, or Museum Offer Complimentary Admission to Personal Care Providers?
by David Raizman and Amber L. Roller
Whatever type of business or public accommodation you operate, you may want to have a policy or protocol in place to evaluate, on a case-by-case basis, any requests for complimentary admission for a PCA.
What Should Employers Do Now That the Overtime Rule Is Blocked?
by Marc L. Zaken
Some employers have already prepared to comply with the new regulations and are ready to roll out new payroll practices next month. Do they hold off or press forward?
OSHA Officially Increases Civil Penalties by 78 Percent
by John F. Martin
Under the interim rule, the maximum penalties for workplace safety violations issued by OSHA will spike by 78.16 percent, effective August 1, 2016.
The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues
by Timothy C. Kamin
The NLRB will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a staffing provider, all without the consent of either employer.
FAQs on the Final Overtime Regulations
by Tracy A. Miller
On March 13, 2014, President Obama signed a presidential memorandum directing the Department to update and modernize the Part 541 regulations.
Ripped From the Headlines: Three Investigation Lessons to Learn From a Political Controversy
by Patti C. Perez
Another day, another political scandal involving a politician accused of having had an extramarital affair. The latest such story concerns an alleged inappropriate relationship that the governor of Alabama had with a top aide—once again raising issues related to investigating allegations of bad behavior at work.
Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment
by Martin C. Brook
The Michigan Supreme Court, in a 2002 case, has commented that a “cent or a pepper corn, in legal estimation, would constitute a valuable consideration.” Essentially, this means that courts refrain from evaluating the quality of the deal, i.e., whether it was good or bad for one party.
Welcome to the Jungle: Trade Associations and Reportable Persuader Activity
by James J. Murphy
Many trade associations have little direct experience with union organizing and labor relations. When it comes to lobbying in Washington, D.C., however, trade associations know a thing or two about what it takes to be a successful persuader.