August 3, 2022 The year 2020 (and the then-new pandemic) changed the global workforce in several major ways. Most notably, many employers who previously required all employees to work on-site were forced to experiment with remote and hybrid work. Through this experiment-of-circumstance, many employers have learned that it is possible to successfully manage employees from...
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February 9, 2022 We previously addressed the Constitutionality of vaccine mandates as applied to the COVID-19 vaccine. While the case law thus far is primarily employer-friendly, it is important for employers with vaccine mandates to remember that in some circumstances, the Americans With Disabilities Act (the ADA) and Title VII of the Civil Rights Act...
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December 7, 2021 With the emergence of the Omicron variant of COVID-19, many employers, both public and private, are interested in their employees being vaccinated against COVID-19 to protect employees and patrons from virus transmission, and in turn, avoid potential liability for the same. To that end, a number of employers are either incentivizing or...
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November 24, 2021 Nearly every student in America is engaging with some form of social media on a daily basis. And, as many of us can attest—not everyone does so responsibly. As social media has evolved over the years, becoming nearly ever‑present, educational institutions have increasingly exercised authority over students’ social media expression. While this...
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September 15, 2021 In some circumstances, an employer may be on the hook for a discrimination claim brought by a current or former employee—even if the employer did not have discriminatory intent. Because a company’s subordinates act on behalf of their employer, a subordinate’s discriminatory motive can sometimes carry over to the employer itself. Thus,...
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August 26, 2019 On Tuesday, October 8, 2019, everyone will wake up and put their pants on one leg at a time, but those in the LGBT community will do so with the weight of the United States Supreme Court on their shoulders. After a hopefully hearty breakfast, attorneys and leaders in the LGBT community...
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December 13, 2016 On November 21, 2016, the EEOC issued a new Enforcement Guidance covering national origin discrimination. The last time the EEOC issued something on national origin discrimination was in 2002, and this guidance includes some important issues and significant legal developments that have occurred since then. Employers would be well advised to pay...
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November 23, 2016 On Monday, November 22, a Federal District Judge in Texas issued an injunction against the Department of Labor’s (DOL) new overtime rule. This injunction comes just 10 days before the new overtime rules were set to take effect. The overtime rule has been a hot button issue since 2014 when President Obama...
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October 27, 2016 On October 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule regarding employer whistleblower protections under §1558 of the Affordable Care Act (ACA) establishing procedures and time frames for handling retaliation complaints under the ACA. The ACA was enacted in an attempt to help decrease health care costs. ...
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October 24, 2016 There have been several studies analyzing different training methods for harassment prevention. We do not know the whole picture of what works and what doesn’t because there are so many variables. What do we know? We know from the research that training can change attitudes. (Antecol, H. & Cobb-Clark, D. Does sexual...
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October 13, 2016 On September 20, 2016, 21 states united to file suit against the United States Department of Labor (DOL) challenging the constitutionality of the new overtime rules it issued under the Fair Labor Standard Act (FLSA). The final rule is set to take effect on December 1, 2016. On May 18, 2016, after...
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September 19, 2016 In Morris v. Ernst & Young, a panel for the Ninth Circuit recently entered into a circuit split when it sided with the 7th Circuit and National Labor Relations Board (NLRB) in affirming the NLRB’s determination that “Concerted Action Waivers” required by employers as a condition of employment, violate §7 and §8...
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