Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to free speech is ingrained into American life, free speech is not absolute. The Constitutional right to free speech is not implicated by the actions of these private social media platforms because they are private entities, not arms of the government. Moreover, the First Amendment does not protect certain speech intended to incite or produce violence and lawless action.
Archives for January 13, 2021
The Misclassification Conundrum: US DOL Attempts to Bring Clarity and Predictability to the Economic Reality Test, but Should Companies Rely Upon It?
Determining who is an employee seems like a simple concept, but actually requires a complex analysis that varies depending on the applicable state and statute.
Changes to the California Family Rights Act and Small Employer Family Leave Mediation
California Governor Newsom signed Senate Bill 1383 (SB 1383) which greatly expanded the California Family Rights Act (CFRA), which took effect on January 1, 2021. Some of the notable changes include:
New Year, New Standards: Florida Adopts the Federal Summary Judgment Standard
On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency of Florida’s civil justice system and relieve parties from the burdens of meritless litigation.
New York City Enacts Amendments to New York City Fair Chance Act
Following Mayor Bill de Blasio’s non-action on the bill passed by the New York City Council in December expanding the scope of New York City’s Fair Chance Act (FCA), the amendments have become law.
2021: The Year Ahead for Employers
In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace with the evolution of workplace law.
Washington: New COVID-19 Roadmap to Recovery Plan
Washington State Governor Jay Inslee has issued Proclamation 20-25.12 and the Healthy Washington – Roadmap to Recovery Plan, which create a new two-phase, regional framework of business reopening and social distancing rules to handle the ongoing COVID-19 pandemic.
Otieno Ombok Discusses Lawsuit Blocking USCIS Fee Increases
Otieno Ombok discusses the implications of a recent lawsuit blocking the U.S. Citizenship and Immigration Services’ planned filing fee increases in “USCIS Drops Proposed Immigration Filing Fee Increases,” published by SHRM.
Kathryn Russo Discusses Prospect of Marijuana Legalization Under Biden
Kathryn Russo comments on the possibility of lawmakers introducing legislation legalizing marijuana during the Biden Administration in “How Will Evolving Marijuana Laws Impact the Workplace in 2021?” published by SHRM.
Nexsen Pruet Opens Texas Office
Deep roots with agribusiness clients leads law firm out west
Update – OSHA’s COVID-19 Guidance for the Construction Workforce
As we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which is an essential business in the Carolinas.
Tips to Remember for Protecting Trade Secrets and Confidential Information
We hope you and your employees had a festive holiday season and happy New Year! It is always helpful to review your company policies and procedures on an annual basis, and policies and procedures on protection of trade secrets and confidential information are no different.
FordHarrison Announces Changes in Leadership
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Tracey K. Jaensch has been elected to the firm’s Executive Committee, the firm’s highest governing body; Russell Jackson was named FordHarrison’s Memphis Office Managing Partner; Jeff Mokotoff was named FordHarrison’s Atlanta Office Managing Partner; and Jennifer Martinez, SHRM-CP (Orlando) was named the firm’s Human Resource Director.
Timothy Barbetta Join FordHarrison’s New York City Office as Senior Associate
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Timothy M. Barbetta has joined FordHarrison’s New York City office as a senior associate. Timothy comes to FordHarrison from Kaufman, Borgeest & Ryan LLP.
Treehouse Foods Sued by EEOC for Disability Discrimination
Nineteen-Year Employee With Disabilities Denied Intermittent Leave as Reasonable Accommodation and Then Fired, Federal Agency Charges
Social Profiles