join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Second Chance Hiring: 9 Considerations for Employers

XpertHR • November 11, 2019
Second chance hiring is the notion of hiring individuals with a criminal record and providing them with a second chance. As detailed below, second chance hiring can have significant benefits for employers.

‘Vague’ Savings Clause Insufficient to Save Arbitration Agreement Limiting Employees’ Access to NLRB

Jackson Lewis P.C. • November 11, 2019
An arbitration agreement requiring that all “claims or controversies in any way relating to or associated with … employment or the termination of … employment … will be resolved exclusively by binding arbitration,” including “all statutory… claims” violated the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has ruled.

Can an Employer Refuse to Hire an Employee Because of the Employee’s Risk of Developing a Disability?

Jackson Lewis P.C. • November 11, 2019
The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. 19-1030, the appellate court addressed the certified question “whether the ADA’s regarded-as provision encompasses conduct motivated by the likelihood that an employee will develop a future disability within the scope of the ADA.”

Injury and Illness Rates Unchanged in 2018

Jackson Lewis P.C. • November 11, 2019
Each year, the Bureau of Labor Statistics (“BLS”) conducts the Survey of Occupational Injuries and Illnesses (“SOII”), collecting a sample of data from select employers to represent all industries and sizes of establishments. From that sample, BLS calculates national injury and illnesses rates for certain industries.

As Congress Ponders the “Future of Work,” it Faces Divergent Interests Within the Gig Economy

Fisher Phillips • November 11, 2019
As we reported just a few weeks ago, Congress has begun to gather information and consider the “future of work,” with considerable emphasis on the role of the gig economy. Although this emergency economy is growing rapidly, tension is also growing within its ranks. In particular, gig workers are attracted to earning money while maintaining all the flexibility and control they can exercise in these arrangements. But they are not entirely comfortable with the concept of being an independent contractor (IC) if that means they have no fringe benefits, are not covered by the minimum wage, and have no protection from non-discrimination laws. In this way, and in a much truer sense, ICs are “on their own.”

DOL Clarifies the Exempt Nature of Participation in the Department of Defense’s Skill Bridge Program

Littler Mendelson, P.C. • November 11, 2019
In 2013 the United States Department of Defense founded Skill Bridge, a program that partners the U.S. Armed Forces with private employers to provide internships to active duty service members during their last six months of military service. Service members obtain valuable skills by participating in Skill Bridge—skills that allow them to transition into the work force with minimal impact after discharge. Participating employers obtain highly skilled and motivated individuals who may become employees after their service is completed.

Two Federal Courts Strike Down Health and Human Services ‘Conscience Protection Rule’

Jackson Lewis P.C. • November 11, 2019
Two federal courts have struck down the U.S. Department of Health and Human Services’ (HHS) “Conscience Protection Rule,” which was slated to go into effect on November 22, 2019.

US Senate Bill Passes, Seeking to Establish “Cyber Hunt and Incident Response Teams”

Jackson Lewis P.C. • November 11, 2019
More than 500 United States schools (connected with 54 different education entities such as school districts and colleges) have been infected with ransomware during the first nine months of 2019, according to a recent report by cybersecurity firm Armor, making the education sector one of the leading ransomware targets, following only municipalities as the top ransomware target. We recently noted in this blog the NYS Education Department’s efforts to combat cyber threats against schools.

"Better Ingredients, Better Pay?" – Federal Court Provides Guidance on FLSA Compliance and Reimbursement of Expenses for Pizza Delivery Drivers

FordHarrison LLP • November 11, 2019
Executive Summary: On November 5, 2019, a federal district court in Ohio issued a decision clarifying the law governing whether owners of 73 Papa John’s franchised locations violated the Fair Labor Standards Act (FLSA) by failing to adequately reimburse their delivery drivers for expenses incurred in using their own vehicles to complete deliveries. In deferring to the Department of Labor (DOL) Field Operations Handbook, the court held that where employees are paid at or close to minimum wage and they use their own vehicles to make deliveries, the proper measure of minimum wage compliance for pizza delivery drivers is to either (1) track and pay delivery drivers’ actual expenses incurred or (2) pay the mileage reimbursement rate set by the Internal Revenue Service (IRS). See Hatmaker v. PJ Ohio, LLC, 2019 U.S. Dist. LEXIS 191790 (S.D. Ohio Nov. 5, 2019).

Winter Weather Advisory: Preparing for Safe Snow Removal from Rooftops and Other Elevated Structures

Goldberg Segalla LLP • November 11, 2019
now removal can be dangerous business, particularly when removing snow and ice from rooftops and other elevated structures. As we head into the winter season, now is a good time to review safe snow removal practices.

Is “Fair Pay to Play” Fair in College Sports? What California’s New Law Means for the Future of Amateur Athletics

Ogletree Deakins • November 11, 2019
On September 30, 2019, Governor Gavin Newsom signed California legislation—Senate Bill (SB) 206—that would permit college student athletes to benefit financially (for example, from endorsement deals) from their names, images, and likenesses while still in school. Governor Newsom signed the Fair Pay to Play Act, which Senator Nancy Skinner (D-Berkeley) and Senator Steven Bradford (D-Gardena) sponsored, with much fanfare, alongside a high-profile professional basketball player and several former college student athletes. The new law is scheduled to take effect in January 2023.

Duluth, Minnesota Issues Paid Sick and Safe Leave Rules & Revises FAQs

Littler Mendelson, P.C. • November 11, 2019
The City of Duluth has published final rules and revised FAQs implementing its Earned Sick and Safe Time Ordinance. The Ordinance takes effect January 1, 2020 for employers with five or more employees, regardless of whether they work in Duluth. Under the law, employees accrue, or an employer frontloads, paid sick and safe time (SST) that employees can use for themselves or to care for or assist a covered family member for the following reasons: mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; preventive medical care; and absences connected to domestic abuse, sexual assault, or stalking. Below we discuss whether and how the rules clarify or gap-fill the ordinance's requirements.

New Jersey Bill Would Bring California-Style ABC Test to the Garden State

Littler Mendelson, P.C. • November 11, 2019
Already a tough place for employers, New Jersey may be about to get even tougher. The Garden State is one of only a handful of states widely using the so-called ABC test, which makes it harder for businesses to classify workers as independent contractors. State legislators now want to make it even more difficult to satisfy the ABC test with a new bill, SB 4204

Nevada Labor Commissioner Issues Advisory Opinions Clarifying Mandatory PTO Law

Littler Mendelson, P.C. • November 11, 2019
The Nevada Labor Commissioner issued two advisory opinions concerning Senate Bill (SB) 312, which, effective January 1, 2020, requires private employers with 50 or more employees in Nevada to provide paid leave that employees can use for any reason. SB 312 left several significant questions unanswered. In the advisory opinions, the Labor Commissioner addresses some of these issues, based on the state labor department's understanding of “the plain and unambiguous language of the bill and the intent of the Legislative Sponsors.” Below we summarize important clarifications the Labor Commissioner’s formal guidance provides.

New Puerto Rico Law Limits Employers’ Use of Credit Reports in Employment Decisions

Jackson Lewis P.C. • November 11, 2019
Puerto Rico has enacted legislation to limit the use of credit reports in making employment decisions.
Our Members
Become A Member
tempobet tipobet giriş