On April 22, 2024, the Supreme Court of the United States conducted oral arguments in a case addressing federal courts’ handling of lawsuits after claims are compelled to arbitration. The Supreme Court seemed skeptical that dismissing lawsuits without prejudice is truly less burdensome on the court system than simply staying
Articles Discussing Human Resources And Other Workplace Topics.
Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts
Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies
Why Being a Leader Can Be So Hard!
In this session, Jen provides some insight into why it can be so hard to be a leader.
Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws
With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations.
Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender Nondiscrimination Regulations
The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department has released a fact sheet, a summary of the major provisions of the 2024 Title
Biden Administration Proposes Rule to Amend Higher Education Act as Part of Latest Effort to Tackle Student Loan Debt
On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan borrowers.
Dealing with “Entitled” Employees
In this episode, Jen reminds employers of their right to say “no.”
Ninth Circuit Holds Warehouse Worker Qualifies as Transportation Worker Under FAA Exemption
Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall within the “transportation worker exemption” to the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Ninth Circuit held. Ortiz v. Randstad Inhouse Services, LLC, No. 23-55147 (Mar. 12, 2024).
Documentation for Employers: 101
For any number of reasons, employers may find themselves lacking sufficient documentation supporting their legitimate, business-related reasons for employment-related decisions. Maybe they’ve been avoiding uncomfortable conversations with an employee.
Employment Law Breakfast Briefing: Conducting Workplace Investigations (SC, NC, AL, TN)
During these sessions, Maynard Nexsen attorneys will address how to effectively and efficiently conduct workplace investigations, including discussions of best practices as well as the “dos and don’ts” of directing investigations. We will also address how to respond to a complaint, when to utilize outside counsel, and how to best analyze the information gleaned from the investigation in order to formulate a remedy and resolution.
SEC, Federal Regulators Target Employees’ Use of Text Messages, Off-Channel Communications
The U.S. Securities and Exchange Commission (SEC) and other financial regulators are targeting regulated entities over their employees’ use of personal messaging apps and other off-channel electronic communication platforms, raising concerns for employers over monitoring of employee communications and highlighting regulators’ incentives for self-reporting of potential violations.
Privacy Versus Cyber – What is the Bigger Risk?
“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s information systems, the intrigue of international threat actors, and the mobilization and collaboration of national law enforcement to thwart these
What are some investigation interview tips for speaking to someone who may have experienced trauma?
How Manufacturers Can Stay Ahead of the Changing Landscape of PFAS Regulations
Perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” are a varied group of thousands of manufactured chemicals and have been used in industry and consumer products since the 1940s.
NCAA Athletes as Employees Could Raise Immigration Concerns for International Students
A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of college athletes, could upend the structure of college sports and have unintended immigration consequences for international